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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Tankadhar Tripathy – Appellant
Versus
Dipali Das – Respondent
| Table of Content |
|---|
| 1. initial facts and procedural background (Para 1 , 2 , 3) |
| 2. supreme court's directives for review (Para 4 , 5 , 6 , 12 , 13) |
| 3. arguments regarding affidavit compliance (Para 7 , 8 , 14 , 15 , 18 , 19) |
| 4. details on procedural rules and implications (Para 10 , 11 , 20 , 22 , 24) |
| 5. judicial interpretation of affidavit defects (Para 26 , 29) |
| 6. jurisdiction on amendments and limitation (Para 30 , 31 , 32) |
| 7. final conclusions on the case (Para 35 , 36) |
| 8. order and next steps (Para 38 , 39) |
ORDER :
This application was filed by the sole Respondent of the Election Petition under Order VI Rule 16, Order VII Rule 11 read with Order VII Rule 14 of the C.P.C. and Sections 81, 82, 83, 86 and 87 of the Representation of People Act, 1951 (R.P. Act) with a prayer to strike out the pleadings under Paragraphs-5 to 14 and 14-A to 14-L of the Election Petition and to reject/dismiss the Election Petition in its entirety at the very threshold under Section 86 of the Act. Several grounds justifying the reliefs claimed were cited. The Interlocutory Application was heard extensively and by order dated 21.3.2025, this Court, finding no merit therein, dismissed the same. However, the Election
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....
Procedural defects in election petitions are curable, and substantial compliance with affidavit requirements suffices to maintain the petition's validity.
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.
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
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.
Election petitions must adhere strictly to statutory requirements regarding disclosures, verification, and affidavits; noncompliance may lead to dismissal at the threshold.
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.
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