MITHILESH KUMAR versus SRI R. VENKATARAMAN & ORS.

MITHILESH KUMAR versus SRI R. VENKATARAMAN & ORS.

The election petition was rejected because it did not contain the essential averment that the offence of undue influence was committed either by the returned candidate or by another person with his consent; thus, it did not disclose any cause of action under Section 18(1)(a) of the Presidential and Vice-Presidential Elections Act, 1952.

Parties
Petitioner: Mithilesh Kumar; Respondent No. 1: Sri R. Venkataraman; Respondent No. 2: V.R. Krishna Iyer; Respondent No. 4: Returning Officer for Presidential Election 1987
Jurisdiction
India
Judgment Date
16 October 1987
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Presidential Elections, Undue Influence, Procedural Requirements for Election Petitions
Election Law Constitutional Law Presidential Elections Undue Influence Procedural Requirements for Election Petitions

Case Brief

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Parties

Mithilesh Kumar

Petitioner

Sri R. Venkataraman

Respondent No. 1

V.R. Krishna Iyer

Respondent No. 2

Returning Officer for Presidential Election 1987

Respondent No. 4

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the petition contains specific averments of undue influence by the returned candidate or by any person with his consent as required under Section 18(1)(a) of the Presidential and Vice-Presidential Elections Act, 1952
  2. 2 Whether the drafting of the petition meets the requirements set forth by the Supreme Court Rules and the Act

Ratio Decidendi

The election petition was rejected because it did not contain the essential averment that the offence of undue influence was committed either by the returned candidate or by another person with his consent; thus, it did not disclose any cause of action under Section 18(1)(a) of the Presidential and Vice-Presidential Elections Act, 1952.

Court Disposition

Petition dismissed

Orders

  • The petition is rejected as it does not disclose any cause of action.