Unwitty Election Petitions

Section 83(1)(a) of The Representation of the People Act, 1951 reads as follows: “An election petition shall contain a concise statement of the material facts on which the Petitioner relies”. In Ashraf Kokkur v. Abdul Khader, (2015) 1 SCC 129 it was considered that The Concise Oxford Dictionary has defined ‘concise’ as “giving a lot of information and in few words”. Hon’ble Justice Kurian Joseph did frame the tautological question, “having furnished the facts in compendious manner, can it be said that there is no concise statement of material facts?” but later conceded that the “election petition having disclosed a cause of action, it should not be thrown out at the threshold”. Brevity is not the soul of an election petition.

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