FIRST LAW

Civil P.C. 1908 - O.7 R. 11(a) - Representation of the People Act, 1951 - Ss. 81, 83, 100 & 123 - Conduct of Elections Rules, 1961 - R. 94A - Legislative Assembly Constituency reserved for Scheduled Caste category candidate - Electronic Voting Machines (EVMs) - Use of religious symbol which was an image of Lord Buddha - Allegations made in the petition are general and vague and that they lack in material facts - Such facts are necessary to disclose the cause of action espoused by a party and this is the mandatory requirement - Omission of a single material fact leads to an incomplete cause of action and statement of claim becomes bad - Petition which lacks in the material facts and the petition does not disclose any cause of action and is liable to be rejected.

Representation of the People Act, 1951 -  the person who was not “contesting candidate” and/or “other than contesting candidate” though impleaded to the election petition, does not amount to breach of provisions of the Act and petition, therefore, cannot be dismissed on that ground. The petitioner can amend the petition by striking them out from the array of the respondents.

Representation of the People Act, 1951 - Ss. 83 & 123(4) - Corrupt Practice -  To constitute any 'statement of fact' as corrupt practice under section 123(4) of the R.P.Act, the same must reflect on personal character or conduct of the candidate.