Introduction:
In K. Babu v. M. Swaraj & Ors. (2024 Latest Caselaw 84 SC), the Supreme Court clarified that defects relating to the contents or procedural requirements of an election petition, which are curable in nature, cannot result in its summary dismissal. The Court upheld the High Court's decision to proceed with the trial of the election petition challenging the appellant's election to the Kerala Legislative Assembly.
Facts of the Case
The appellant was elected to the Kerala Legislative Assembly from the Tripunithura Constituency in the 2021 Assembly elections. The first respondent, who lost the election by a narrow margin, filed an election petition challenging the appellant's election under the Representation of the People Act, 1951. The appellant sought dismissal of the election petition at the threshold, contending that it did not comply with the statutory requirements relating to filing of copies of the petition and that it lacked material facts necessary to disclose a valid cause of action. The High Court rejected these objections and held that the election petition disclosed a triable issue regarding the alleged use of a religious symbol during the election campaign. Aggrieved by this decision, the appellant approached the Supreme Court.
Issue Before the Supreme Court
The principal issue was whether the election petition was liable to be dismissed at the threshold for alleged non-compliance with the provisions of the Representation of the People Act, 1951.
Supreme Court's Findings
The Supreme Court held that the objections raised by the appellant did not warrant rejection of the election petition. The Court observed that: •The statutory requirement under Section 81(3) of the Representation of the People Act only requires filing of as many attested copies of the election petition as there are respondents.
•The additional requirement under Rule 212 of the Kerala High Court Rules, relating to copies meant for the Court's use, cannot be treated as part of the statutory mandate under Section 81(3).
•Non-compliance with Section 83, relating to material facts and particulars, constitutes a curable defect and is not a ground for summary dismissal under Section 86 of the Act.
•The High Court had rightly found that the allegation regarding the use of a religious symbol in election material disclosed a triable issue under Section 123(3) of the Representation of the People Act. Accordingly, the Court found no reason to interfere with the High Court's decision permitting the election petition to proceed to trial.
Final Decision
The Supreme Court:
•Dismissed the appeal.
•Upheld the High Court's order refusing to reject the election petition at the threshold.
•Vacated the interim stay granted earlier.
•Directed that the election petition should proceed in accordance with law.
Significance of the Judgment
The judgment reinforces the distinction between mandatory statutory requirements and procedural defects in election petitions. It clarifies that only non-compliance with the provisions specifically mentioned under Section 86 of the Representation of the People Act can result in summary dismissal. Curable procedural defects or deficiencies in pleadings cannot be used to defeat an election challenge at the threshold, particularly where the petition raises a genuine triable issue.