Madiraju Venkata Ramana Raju vs Peddireddigari Ramachandra Reddy And ...

2. The election in relation to Andhra Pradesh State Legislative Assembly was held on 7th May, 2014. The appellant and respondent No.1 contested the election from the Punganur Assembly Constituency. The respondent No.1 was declared as an elected candidate. By way of an election petition, the appellant challenged the election of respondent No.1 on the ground that respondent No.1 had grossly violated several instructions issued by the Election Commission as also the provisions of The Representation of the People Act, 1951 (for short, ―the Act‖). Respondent No.1, in turn, took out two applications seeking to strike out paragraphs 2 & 9 to 11 of the said election petition and to dismiss the election petition in limine, both of which were ultimately allowed by the High Court.

3. The background to the present conflict is set out as under:

He also pleaded that instant petitioner misrepresented the Election Commission as well as 8th respondent as he has not added Rs.21 lakhs to the gross total of his assets and showed the gross total of his assets and showed the gross total as Rs.2,79,67,680/- instead of Rs.3,00,67,680/-. Whereas in para-11 under the caption Grounds 1st respondent reiterated that 8th respondent has made improper acceptance of nomination. The cumulative effect of paras-2, 9 to 11 is nothing but again lampooning the order of 8th respondent as erroneous without demonstrating as to how his order was factually and 8 legally perverse and wrong. Even the mentioning of the judgment in Resurgence Indias case (10 supra) and the allegation that the petitioner suppressed Rs.21 lakhs from the total assets, we will presently see, will not constitute any material facts so as to strengthen the allegations in paras-2, 9 to 11.‖ (emphasis supplied)

This point is answered accordingly.‖ (emphasis supplied) On this basis, the High Court allowed EA No. 329 of 2015 filed by respondent No.1 for striking out the pleadings in paragraphs 2 and 9 to 11 of the election petition being frivolous and vexatious and not containing material facts and cause of action therein. The High Court also allowed the second application filed by respondent No.1 being EA No.330 of 2015 and rejected the Election Petition No.8 of 2014 in limine.

6. The principal contention of the appellant is that whilst dismissing his election petition, the High Court has overlooked the cause of action stated in the election petition, which arose from the 14 fact that two different sets of nomination forms and affidavits were filed by respondent No.1 containing several material deficiencies and discrepancies and which was fatal. In other words, the nomination form of respondent No.1 was wrongly accepted and it materially affected the election results of the appellant. According to the appellant, the affidavits filed by respondent No.1 in support of his nomination forms admittedly contained blank columns and did not contain his signature on every page, which was not only in contravention of several judgments of this Court, but also violated Section 125A(i) of the Act and additionally, was also against several circulars issued by the Election Commission. Respondent No.1 also filed two affidavits along with each one of his nomination forms, in direct contravention of the mandate in the instructions issued by the Election Commission permitting for only one affidavit to be filed. Further, perusal of the said affidavits would reveal that respondent No.1 had suppressed crucial information relating to movable and immovable assets owned by him and his family members and in fact, filed a conflicting affidavit before the Speaker of the State Legislative Assembly. In light of respondent No.1‘s suppression of significant information, the matter in issue required a full-fledged 15 trial and the High Court committed manifest error in dismissing the election petition in limine. The High Court also erred in striking off paragraphs 2 and 9 to 11 of the election petition on the ground that the averments contained therein were vexatious and frivolous, without giving any legal justification for the same. The High Court also took into account pleadings made in the counter/reply submitted by respondent No.1 as opposed to only considering the averments made in the election petition. Further, respondent No.1 had failed to specifically deny the allegations/averments in the election petition.

(ii) Respondent No.1 failed to sign each and every page of the affidavit (Form No.26), which is in violation of Civil Rules of Practice, Conduct of the Election Rules and Hand Book of Returning Officer-2014 under Chapter 5.20.1.

(iii) Respondent No.1 failed to fill up the Column No.4 and Column No.2 under the head of Total Income shown in Income Tax Returns, of the said affidavit (Form No.26).

(iv) The Column No.6 of said two sets of affidavit has not been properly struck off, whichever is not applicable. 44

(ix) The respondent No.1 misrepresented the Election Commission as well as the Returning Officer (R-8) in a 45 casual manner by giving false information at Para 7A of details of Immovable Assets in his two set of affidavits under Form-26 by showing the gross total value of Rs.2,79,67,680 instead of 3,00,67,680 and deliberately did not count the Column amount at 7(vii) of Rs.21,00,000/-.

32. The purport of assertions made in the election petition was to highlight this aspect in support of the ground for declaring the election of respondent No.1 as being void on account of improper acceptance of his nomination form by the Returning Officer (respondent No.8).

39. The respondents had then contended that the election petitioner cannot be permitted to bring or introduce a new ground or cause of action beyond limitation period of 45 days of declaration of the result of the election. We do not wish to dwell upon this issue. In our opinion, this contention will have to be addressed by the High Court in the first instance. The High Court, without 54 recording any reason has disposed of the applications filed by the election petitioner (appellant) as the election petition itself was dismissed in limine. Since the election petition will stand restored before the High Court, to subserve the ends of justice, the applications preferred by the election petitioner (appellant) will also stand restored for being heard by the High Court on its own merit and to decide it in accordance with law. As a result, it is not necessary for us to dilate on the decision relied by the respondents in the case of Harmohinder Singh (supra). We leave this contention open to be decided by the High Court at the appropriate stage.

40. Taking any view of the matter, therefore, the impugned judgment of the High Court in allowing both the applications filed by respondent no.1 cannot stand the test of judicial scrutiny. For, we do not find any merit in the plea of the respondent No.1 that paragraphs 2 & 9 to 11 of the election petition are frivolous and vexatious, which contention erroneously commended to the High Court. On the other hand, we are of the considered opinion that the subject election petition plainly discloses cause of action for filing of 55 the election petition to declare the election of respondent No.1 to be void on the ground of improper acceptance of his nomination.

41. We make it clear that we may not be understood to have expressed any opinion on the merits of the other issues to be decided by the High Court. In other words, our analysis is limited to the threshold matter considered in this judgment about the striking off of the pleadings and rejection of the election petition in limine.

42. In light of the above, we hold that E.A. No.329 of 2015 and EA No.330 of 2015, both filed by respondent No.1 in the subject election petition, deserve to be rejected. Further, the Election Petition No.8 of 2014 shall stand restored to the file of the High Court to its original number for being proceeded further in accordance with law. Similarly, the applications filed by the appellant shall stand restored (except the application for early hearing), to their original numbers to be decided by the High Court in accordance with law.

43. As regards the application for early hearing of the election petition filed by the appellant before the High Court, the same be treated as disposed of in terms of this order. The imperativeness of 56 expeditious disposal of the election petition is underscored in Section 86(7) of the 1951 Act. As per the said provision, the trial of the election petition is required to be disposed of preferably within six months from the date of its presentation before the High Court. Besides, this Court in the case of Mohd. Akbar (supra) has highlighted the necessity of discharging the pious hope expressed by the Parliament. Therefore, we may only request the High Court to expeditiously dispose of the election petition preferably within three months from the production of a copy of this judgment by either party before it.

44. Accordingly, these appeals are allowed in the above terms with no order as to costs.

.………………………….CJI.