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Head Note

Representation of People Act, 1951  - Section 100

Election petition - Preliminary objections - Allegation that there were irregularities in preparation of the voter's list (per Chelamsewar, J.), can never be the subject-matter of election petition.

The Code of Civil Procedure, 1908  - Order VI Rule (16) ,  Rule (17) , Order VII Rule (11) , Representation of People Act, 1951  - Section 81 , Section 100 , Section 123

Conduct of Election Rules, 1961, Rule 94 A - Election Petition - Preliminary objections - Defects which are curable - Amendment to election petition to cure defects - When permissible after expiry of Limitation period for filing election petition - Allegations of corrupt practice - Election petition challenged as being defective and liable to be rejected at threshold on various grounds such as absence of cause of action, irredeemable vagueness and improper verification/affidavit, etc. - Irredeemable vagueness and improper verification/affidavit, etc. - Amendment permitted by High Court beyond limitation provided for - Not commit any error in permitting election petitioner to cure defects regarding affidavit, verification and pleadings - Per Chelameswar, J. (disagreeing), for maintainability of election petition alleging corrupt practice, there is an absolute necessity to mention all material facts in the election petition though non-disclosure of material particulars would not be fatal - Therefore, proper verification need be examined.

Topic(s)-Election Petition , Preliminary Objections