The Code of Civil Procedure, 1908  - Order VII Rule (11)

Election petition - Trial court dismissed the Election petition in limini as the sole ground claimed is only that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was holding the post of Chairperson of the Kerala State Wakf Board - Apex court held that we are of the view that the election petition having disclosed a cause of action, it should not have been thrown out at the threshold - The impugned order and judgment are hence set aside. The appeals are allowed - The election petition is remitted to the High Court for trial in accordance with law.

Topic(s)-