Delhi HC nixes plea challenging election of Meenakshi Lekhi in 2019 LS elections

“Throughout the petition, the central contention seems to be that the respondent understated the expenses related to election activities in the official register. However, there is a conspicuous absence of specific details highlighting the discrepancies between the declared amounts and the alleged actual expenditures. The petitioner’s claims appear to be predicated on conjectures and assumptions rather than on solid evidence,” Justice Narula said.

One of the claims made by the petitioner was that Lekhi exceeded the permissible election expenditure limit of Rs. 70 lakh. However, the HC said the basis for this claim was “vague”.

The HC also observed that the lack of specific details regarding “expenses incurred on various election-related activities and the undervaluation of expenditures” undermined the credibility of the accusations made in the petition. The HC said the petitioner had failed to “plead any material fact qua a corrupt election practice”, as envisaged in Section 83(1)(a) and (b) of the Representation of the People Act which could have aided his case for annulment of Lekhi’s election.

“Upon a comprehensive scrutiny, the Court finds that the present election petition fundamentally lacks ‘material facts’, which are essential to confer it with a cause of action. Sans any underpinning material, the petitioner’s broad averments are insufficient to sustain the allegations of electoral corrupt practices…Therefore, the application is allowed and disposed of. In view of the foregoing discussion, the petition being bereft of a cause of action is dismissed…,” the HC said.

While coming to its verdict, the HC underscored that in an election petition, the omission of any material fact pertaining to a corrupt practice renders the cause of action incomplete, which is “fatal” to such a petition.

“Material facts form the backbone of the petitioner’s case, and their absence could lead to the dismissal of the petition. To truly comprehend the weight of an allegation, one must consider the context. This involves looking beyond the mere words of the petition to the surrounding circumstances, ensuring a holistic understanding,” the HC observed.

“The Act emphasises the need for specificity. It is not enough to make vague allegations; Petitioner must delve into details. This includes, but is not limited to, specifics of the alleged corrupt practices, individuals involved, and the timings and locations of such acts,” the HC added.