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| Material facts necessary for hearin |
| Material facts necessary for hearing poll petitions, says SC
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| INDIA
, 23-August-2009
8:21:58 AM |
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The Supreme Court has held that an election petition can be dismissed if the petitioner fails to state even one "material fact" to prove that the rival candidate had won by corrupt or other illegal means.
"Failure to state even a single material fact will entail dismissal of the election petition," a Bench of Justices Dalveer Bhandari and H S V Bedi said.
"The election petition must contain a concise statement of 'material facts' on which the petitioner relies. There is no definition of 'material facts' either in the Representation of Peoples Act, 1951 nor in the Code of Civil Procedure.
"In a series of judgments, this court has laid down that all facts necessary to formulate a complete cause of action should be termed as 'material facts'. "All basic and primary facts which must be proved by a party to establish the existence of cause of action or defence are material facts," the apex court observed while upholding an appeal filed by Anil Vasudev Salgaonkar, an MLA from Sanvordem in the Goa Assembly
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