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Sri Modugala Venugopala Reddy vs Jayadev Galla on 16 February, 2023 cites

Mohan Rawale vs Damodar Tatyaba on 6 August, 1992

"Material facts" would mean all the basic facts constituting the ingredients of the grounds stated in the election petition in the context of relief to declare the election to be void. It is well established that in an election petition, whether a particular fact is material or not and as such required to be pleaded, is a question which depends on the nature of the grounds relied upon and the special circumstances of the case. Particulars, on the other hand, are the details of the case set up by the party. The distinction between "material facts" and "full particulars" has been delineated in Mohan Rawale v. Damodar Tatyaba [Mohan Rawale v. Damodar Tatyaba, (1994) 2 SCC 392] . This judgment has been adverted to in the reported decision relied on by the parties. The Court noted thus : (SCC pp. 397-99, paras 10-18) "10. We may take up the last facet first. As Chitty, J. observed, "There is some difficulty in affixing a precise meaning to" the expression "discloses no reasonable cause 17 RRR,J E.P.No.2 of 2019 of action or defence". He said:"In point of law ... every cause of action is a reasonable one."
Supreme Court of India Cites 18 - Cited by 90 - P B Sawant - Full Document

Ashraf Kokkur vs K.V.Abdul Khader Etc on 29 August, 2014

10. The present application, has been filed under the provisions of Order VII Rule 11 of the Code of Civil Procedure, for rejection of plaint, on the ground that the pleadings in the election petition do not make out any cause of action. The guidelines for considering such applications, as laid down by the Hon'ble Supreme Court Ashraf Kokkur v. K.V. Abdul Khader (1 supra) in the following passages, need to be noticed before taking up the application:
Supreme Court of India Cites 27 - Cited by 39 - Full Document

Samant N. Balakrishna Etc vs George Fernandez And Ors. Etc on 12 February, 1969

In Samant N. Balkrishna v. George Fernandez [(1969) 3 SCC 238 : AIR 1969 SC 1201] the Court again considered a similar question. Referring to the relevant provisions of the Act, the Court held that Section 83 which provides that the election petition must contain a concise statement of material facts on which the petitioner relies and further that he must also set forth the full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice is mandatory. Then, drawing the distinction between "material facts" and "particulars", the Court observed: (SCC pp. 250-51, para 29) "What is the difference between material facts and particulars? The word 'material' shows that the facts necessary to formulate a complete cause of action must be stated. Omission of a single material fact leads to an incomplete cause of action and the statement of claim becomes bad. The function of particulars is to present as full a picture of the cause of action with such further information in detail as to make the opposite party understand the case he will have to meet. There may be some overlapping 26 RRR,J E.P.No.2 of 2019 between material facts and particulars but the two are quite distinct. Thus the material facts will mention that a statement of fact (which must be set out) was made and it must be alleged that it refers to the character and conduct of the candidate that it is false or which the returned candidate believes to be false or does not believe to be true and that it is calculated to prejudice the chances of the petitioner. In the particulars the name of the person making the statement, with the date, time and place will be mentioned. The material facts thus will show the ground of corrupt practice and the complete cause of action and the particulars will give the necessary information to present a full picture of the cause of action. In stating the material facts it will not do merely to quote the words of the section because then the efficacy of the words 'material facts' will be lost. The fact which constitutes the corrupt practice must be stated and the fact must be correlated to one of the heads of corrupt practice. Just as a plaint without disclosing a proper cause of action cannot be said to be a good plaint, so also an election petition without the material facts relating to a corrupt practice is no election petition at all. A petition which merely cites the sections cannot be said to disclose a cause of action where the allegation is the making of a false statement. That 27 RRR,J E.P.No.2 of 2019 statement must appear and the particulars must be full as to the person making the statement and the necessary information."
Supreme Court of India Cites 23 - Cited by 340 - M Hidayatullah - Full Document
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