Supreme Court of India · 2014-08-29
Ashraf Kokkur vs K.V.Abdul Khader Etc
- Citation / case number
- AIR 2015 SC (CIV) 345
- Court
- Supreme Court of India
- Petitioner
- Ashraf Kokkur
- Respondent
- K.V.Abdul Khader Etc
- Bench
- Kurian Joseph, Madan B. Lokur
Judgment text excerpt
The Supreme Court examined whether the election petition disclosed a cause of action under Order VII Rule 11(a) of the Code of Civil Procedure, 1908, in light of Article 191(1)(a) of the Constitution of India concerning disqualification due to holding an office of profit. The Court found that the petition did not adequately plead that the respondent held an office of profit under the State Government, leading to the dismissal of the election petition. The Court upheld the High Court's decision, affirming that the election petition lacked a complete cause of action.