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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Madhab Dhada – Appellant
Versus
Parshuram Dhada – Respondent
| Table of Content |
|---|
| 1. interlocutory application filed under election act. (Para 1) |
| 2. previous interlocutory applications and rejected claims. (Para 2 , 3) |
| 3. arguments around the maintainability of the application. (Para 4 , 5 , 6) |
| 4. analyzing res judicata and findings. (Para 7 , 8 , 9) |
| 5. criteria for maintaining applications. (Para 10 , 11) |
| 6. court’s conclusion on non-maintainability. (Para 12 , 13) |
| 7. dismissing the application with order. (Para 14 , 15) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. The present interlocutory application has been filed by the Respondent in the Election Petition praying for dismissal of the Election Petition under Section 86 (1) of the Representation of the People Act, 1951 on the alleged ground of non-compliance with the mandatory provisions contained in Sections 80 , 80A, 81 and proviso to Section 83 (1) of the Act read with Rule 94A of the CONDUCT OF ELECTION RULES , 1961. The principal ground urged in the application is that the Election Petitioner has failed to file the affidavit in Form-25 as mandated in support of the allegations relating to corrupt practice.
2. It is not in dispute that the present petitioner of this application had earlier filed I.A. Nos. 8
Non-filing of an affidavit under Section 83(1)(c) is directory, allowing subsequent compliance; an election petition cannot be dismissed solely for lack of formality if substantial compliance exists.
The absence of an affidavit in Form 25 does not lead to automatic dismissal of an election petition, provided there is substantial compliance with procedural requirements, and any defects noted are c....
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
Procedural defects in election petitions are curable, and substantial compliance with affidavit requirements suffices to maintain the petition's validity.
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
Defective affidavit (not Form 25) in corrupt practice election petition is curable defect; opportunity to rectify required before dismissal under O7 R11 CPC. Pleadings alleging bribery with candidate....
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
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