Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani
Live LawThe Madhya Pradesh High Court, Indore Bench recently allowed an application under Order VII Rule 11 CPC, thereby rejecting an election petition for not raising specific allegations or demonstrating a genuine cause of action. Shankar Lalwani, Lok Sabha member from Indore Constituency had moved an application under Order VII Rule 11 CPC seeking rejection of the election petition filed by the Congress candidate Pankaj Sanghvi. However, the Court found merit in the objection raised by the Respondent regarding the cause of action lacking in the petition- A close scrutiny of the election petition reveals that the entire election petition has been filed with general objections only about the non compliance of the rules and guidelines issued by the Election Commission which are not at all case-centric in nature. In other words, there is no reference of any violation of guidelines issued by the Election Commission of India regarding any specific polling booth of the 26 Loksahbha Constituency, or any specific electronic voting machine, or any specific polling officer and in the presence of any specific election agent of the petitioner before whom such irregularity or non-compliance has taken place, but what is averred in the election petition is the various rules, instructions and orders which the Returning Officer is required to follow, regarding the operation of the electronic voting machine.