Supreme Court of India · 1982-11-02
ROOP LAL SATHI vs NACHHATTAR SINGH
- Citation / case number
- SC 1981/63700
- Court
- Supreme Court of India
- Petitioner
- ROOP LAL SATHI
- Respondent
- NACHHATTAR SINGH
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court held that under Section 83(1)(a) of the Representation of the People Act, 1951, the omission of 'material facts' in an election petition renders the entire petition invalid as per Order VII, Rule 11(a) of the Code of Civil Procedure, 1908. The Court clarified that while the omission of particulars can be rectified by directing 'further and better particulars' under Order VI, Rule 5, the failure to include essential material facts cannot be cured. The Court upheld the High Court's decision to delete certain paragraphs from the petition, affirming that the appellant failed to establish a cause of action regarding the change of symbols allotted to candidates.