ANIL VASUDEV SALGAONKAR versus NARESH KUSHALI SHIGAONKAR

ANIL VASUDEV SALGAONKAR versus NARESH KUSHALI SHIGAONKAR

An election petition must include material facts disclosing a complete cause of action; absence of material facts relating to alleged corrupt practices, or failure to plead them, is fatal and mandates dismissal under Section 83(1)(a) of the Representation of the People Act, 1951 and Order 7 Rule 11(a) CPC.

Source-derived case information.

Parties
Appellant: Anil Vasudev Salgaonkar; Respondent: Naresh Kushali Shigaonkar
Jurisdiction
India
Judgment Date
20 August 2009
Procedural Posture
Civil Appeal / Appeal From a High Court Decision in Election Petition
Outcome
Appeal allowed; election petition dismissed.
Legal Topics
Election Petition, Corrupt Practices, Material Facts in Pleadings
Election Law Election Petition Corrupt Practices Material Facts in Pleadings

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Parties

Anil Vasudev Salgaonkar

Appellant

Naresh Kushali Shigaonkar

Respondent

Procedural Posture

Civil Appeal / Appeal From a High Court Decision in Election Petition

Legal Issues

  1. 1 Whether the election petition contained material facts constituting corrupt practices under Representation of the People Act, 1951
  2. 2 Whether the election petition disclosed a complete cause of action
  3. 3 Whether failure to plead material facts warranted dismissal of the petition

Ratio Decidendi

An election petition must include material facts disclosing a complete cause of action; absence of material facts relating to alleged corrupt practices, or failure to plead them, is fatal and mandates dismissal under Section 83(1)(a) of the Representation of the People Act, 1951 and Order 7 Rule 11(a) CPC.

Court Disposition

Appeal allowed; election petition dismissed.

Orders

  • Each party to bear own costs.