MOHAN RAWALE versus DAMODAR TATYABA@ DADASAHEB AND ORS.

MOHAN RAWALE versus DAMODAR TATYABA@ DADASAHEB AND ORS.

Allegations in the election petition referring to a period prior to nomination cannot amount to corrupt practice, as the legal status of candidate arises only upon nomination. The remaining pleadings, even if weak, disclose a triable issue and are not vague or bereft of material particulars. Non-supply of certain documents does not warrant dismissal as their purport and contents were set out in the petition.

Parties
Appellant: Mohan Rawale; Respondent: Damodar Tyaba alias Dada Saheb; Respondents: Other respondents
Jurisdiction
India
Judgment Date
06 August 1992
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Chamber Summons in Election Petition
Outcome
Appeal partially allowed; first point in favour of appellant; other contentions rejected; no costs.
Legal Topics
Corrupt Practices, Pleadings, Reasonable Cause of Action, Non Supply of Annexures, Definition of Candidate
Election Law Corrupt Practices Pleadings Reasonable Cause of Action Non Supply of Annexures Definition of Candidate

Case Brief

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Parties

Mohan Rawale

Appellant

Damodar Tyaba alias Dada Saheb

Respondent

Other respondents

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Chamber Summons in Election Petition

Legal Issues

  1. 1 Whether allegations of corrupt practice prior to nomination can amount to corrupt practice under Representation of People Act, 1951
  2. 2 Whether the election petition fails to disclose reasonable cause of action or is vague and bereft of material particulars
  3. 3 Effect of non-supply of annexures referred to in election petition

Ratio Decidendi

Allegations in the election petition referring to a period prior to nomination cannot amount to corrupt practice, as the legal status of candidate arises only upon nomination. The remaining pleadings, even if weak, disclose a triable issue and are not vague or bereft of material particulars. Non-supply of certain documents does not warrant dismissal as their purport and contents were set out in the petition.

Court Disposition

Appeal partially allowed; first point in favour of appellant; other contentions rejected; no costs.

Orders

  • Averments and allegations in paragraphs 1 to 20 of the election petition relating to period prior to nomination are held incapable of amounting to allegations of corrupt practice.
  • High Court to decide relevance or admissibility for other purposes at appropriate time.