Back
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 :
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.
“6. Having considered the matter in detail, we are of the opinion that the observations made in paragraph nos. 34 and 35 w
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.
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
