Ashraf Kokkur Vs. K.V. Abdul Khader Etc. Election Petition – Cause of action 2014 SC Civil Appeal Nos. 69-70 of 2012-Decided on 29-8-2014. whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). Incidentally, it may be noted that the election petition has been dismissed…. Holding an office of profit under the Government of India or Government of any State is the disqualification. Whether that ground is discernible if the election petition is read as a whole, is the simple exercise to be undertaken by the High Court, when called upon to do so under Order VII Rule 11(a) of CPC….. The question whether a schedule or annexures to the election petition is an integral part of the election petition…. All the annexures attached to the election petition in the present case have been signed and verified by the election petitioner as per the requirement under Section 83(2) of the RP Act, as can be seen from Annexure- P1(Colly). Therefore, Annexure-P1(d) to the election petition (Annexure-D herein) forms an integral part of the election petition. There is a clear and unambiguous plea that the respondent was holding the post of Kerala State Wakf Board, holding an office of profit under the Government of Kerala and, hence, he was disqualified….. we are of the view that the election petition having disclosed a cause of action, it should not have been thrown out at the threshold. The impugned order and judgment are hence set aside. The appeals are allowed. The election petition is remitted to the High Court for trial in accordance with law..
Posted on: Sun, 31 Aug 2014 15:54:46 +0000
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