Monday 17 June 2013

Exposition of law without first identifying relevant facts in issue is not proper

 Maintainability - Challenge to - Proper mode of disposal - Pleadings - Vagueness - Pleadings on question of noncompliance with S. 81(3) of RP Act vague - Findings of High Court by making exposition of law without first identifying
facts in issue, equally vague - Matter remanded to High Court for proper consideration of objections raised in accordance
with law, (2013) 3 SCC 489-H 
Ajay Maken v. Adesh Kumar Gupta, (2013) 3 SCC 489

 Election Petition/Trial 
 Supply of true copy of document(s) annexed to election petition to respondent - When annexure(s) form integral part of
election petition - Extent to which annexure(s) stand incorporated by description in election petition, and relevance of

annexure(s) in establishing allegations contained in election petition - Relief sought by election petitioner in determining
the same - Relevance - Only relief sought in present case was for setting aside election of returned candidate and not
that any other candidate is duly elected - Annexure containing certain allegations of corrupt practice against another
candidate, not fully described in election petition and sought to be used only as evidence to derive support for allegation
against returned candidate made in election petition, held, did not form integral part of election petition in present case -
Hence, non-supply of copy of such annexure was not fatal to election petition - Likewise, non-supply of annexure, whose
contents were fully described in body of election petition was not fatal to petition - However, annexure contents of which
are not elaborately described in election petition but are referred to as containing factual basis for declaring election
void/establishing allegations in election petition, held, would form integral part of election petition and non-supply copy
thereof would be fatal to election petition, (2013) 3 SCC 489-A 

 Parties that must be impleaded by election petitioner - Relevance of relief sought by election petitioner, in determining
the same - Candidate(s) other than returned candidate when must be impleaded - Only relief sought was for setting aside
election of returned candidate and not that any other candidate is duly elected - S. 82(b) of RP Act requires that if
allegation of corrupt practice against any candidate other than returned candidate is made, then only such other
candidate must be made party to election petition, not otherwise - If election petition contained no allegation of corrupt
practice against another candidate, though in an annexure to election petition allegation of corrupt practice made against
that other candidate only with a view to derive support to allegation made against returned candidate, held, nonimpleadment of such candidate as party-respondent would not be fatal to election petition

 Declaration which can be sought from High Court - Choice of petitioner to seek only declaration that election of returned
candidate was void or a further declaration that any other candidate is duly elected, (2013) 3 SCC 489-C 

 Representation of the People Act, 1951 
 S. 82(a) - Expression all the returned candidates" - Meant to cover disputes relating to Rajya Sabha or Legislative
Councils, (2013) 3 SCC 489-D 

 Representation of the People Act, 1951 
 S. 81(3) - Purpose of the stipulation under S. 81(3), held, is to put returned candidate on notice of various allegations
made against him in order to enable him to defend himself effectively in the election petition - This is a stipulation flowing
from requirement of one of the basic postulates of the principles of natural justice, (2013) 3 SCC 489-E 
 Election 
 Corrupt Practices 
 By agent other than election agent - Commission of corrupt practice may also be by agent other than election agent, 

 Interpretation of Statutes 
 Contextual construction/meaning 
 Contextual construction - Literal construction without considering context, not proper

 Maintainability - Challenge to - Proper mode of disposal - Pleadings - Vagueness - Pleadings on question of noncompliance with S. 81(3) of RP Act vague - Findings of High Court by making exposition of law without first identifying
facts in issue, equally vague - Matter remanded to High Court for proper consideration of objections raised in accordance
with law, (2013) 3 SCC 489-H 
 Practice and Procedure 
 Judgment/Decree/Order 
 Exposition of law without first identifying relevant facts in issue not proper, (2013) 3 SCC 489-I 
 Election 
 Representation of the People Act, 1951 
 Ss. 81(3) & 83(1) and 86 - Failure to attest copy of election petition furnished to respondent to be true copy of election
petition and failure to sign and verify original copy of election petition filed in court - Effect - Difference - While former
being in non-compliance with S. 81(3) would entail dismissal of election petition under S. 86, latter being in violation of S.
83(1) would not be fatal to election petition, (2013) 3 SCC 489-J 
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