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.
'The Last Word' seeks to include not only wise and witty sayings of the judges but also curiosities of lawyers and the law. This blog is not of obligation but of delight. I frankly confess my ignorance of much that ought to be included from overseas jurisdictions; and I utter a gentle prayer that those who know better would lighten my darkness. I am confident that I am not alone in my refusal to believe that the law is tedious or that the Indians really like all their law dull. For all that has escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.