Petition rejected for lack of material facts and false statements, upholding Mahato's election to the Sindri Assembly Constituency.
The Jharkhand High Court has dismissed an election petition filed against Chandradeo Mahato, the elected candidate from the Sindri Assembly Constituency, citing lack of cause of action and sketchy pleadings. The petition, filed by Hiralal Sankhwar @ Hiralal Mahato, was challenged under multiple grounds related to election discrepancies and alleged corrupt practices.
Justice Gautam Kumar Choudhary, presiding over the case, concluded that the election petition failed to meet the necessary legal requirements under the Representation of the People Act, 1951. The court emphasized that an election petition must include a concise statement of material facts, which was notably absent in this case.
The petitioner had raised several issues, including improper deposit of security money, discrepancies in nomination papers, and misleading election campaign statements. However, the court found these claims insufficient to invalidate the election results. The allegation regarding the deposit of security money with the Nazir, instead of the Returning Officer, was deemed peripheral and not a significant ground for election invalidation.
Moreover, the court identified a false statement in the election petition regarding Chandradeo Mahato's alleged conviction, which was proven untrue with a certified judgment document. This false statement alone was considered a sufficient ground for dismissing the petition.
The judgment referenced several precedents, including the Supreme Court rulings that reinforce the necessity of precise and material pleadings in election petitions. The court underlined that election petitions are serious matters and should not be entertained on unfounded or trivial claims.
Ultimately, the interlocutory application for the rejection of the plaint was allowed, and the election petition was dismissed with a cost of Rs. 50,000 imposed on the petitioner. This decision reaffirms Chandradeo Mahato's position as the duly elected representative from the 38, Sindri Assembly Constituency.
Bottom Line:
Election petition dismissed under Order VII Rule 11 CPC due to lack of cause of action and sketchy pleadings.
Statutory provision(s): Representation of The People Act, 1951 Sections 34, 83, 100, 123; Civil Procedure Code, 1908 Order VII Rule 11
Hiralal Sankhwar @ Hiralal Mahato v. Chandradeo Mahato, (Jharkhand) : Law Finder Doc id # 2849951
