Law: Elections Act, 2017

Section: 144,144(4),145

(a) Interpretation of statutes--- ----Role of a Court---While interpreting any statute Court/Tribunal was not to alter its provision(s) but to iron out its creases so as to avoid any absurdity, inconsistency or redundancy---Court/Tribunal was duty-bound to avoid "head on clash" between two sections of the same statute and, whenever it was possible to do so, to construe provisions which appeared to conflict so that they harmonized ----Statute was an edict of the Legislature and elementary principle of interpreting or construing a statute was to gather the mens or sententia legis of the Legislature. (b) Elections Act (XXXIII of 2017)--- ----Ss. 144 & 145---Election petition---Contents of petition before Election Tribunal---Requirement---"Material facts" and "full particulars / material particulars"---Distinction and scope--- Distinction existed between "material facts" and "full particulars/material particulars" used in S.144(1) of the Elections Act, 2017 and the same was important because different consequences may flow from deficiency of such facts or particulars in the pleadings---Failure to plead even a single material fact led to an incomplete cause of action and if the election petition was based solely on those allegations which were vague and general in nature or lacking in material facts, such petition was liable to be summarily rejected for want of cause of action---Petition which suffered from a deficiency of material particulars, Election Tribunal had discretion to allow the petitioner to supply the required particulars even after the expiry of limitation. H.D. Revana v. G. Puttaswamy Gowda and others AIR 1999 SC 768 rel. (c) Elections Act (XXXIII of 2017)--- ----Ss. 144(4) & 145---Election petition--- Maintainability ---Verification of election petition---Object and procedure---Summary rejection of election petition ---Scope---Non-compliance of mandatory requirements of S.144 of the Elections Act, 2017 and defective / incomplete or non-verification of election petition and annexure(s)---Effect---Respondent raised objection as to the maintainability of the election petition on ground that the same had not been verified in terms of S.144(4) of…

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