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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Kishore Kumar Nayak – Appellant
Versus
Byomkesh Ray – Respondent
| Table of Content |
|---|
| 1. election petition filed against declared candidate. (Para 1 , 2) |
| 2. supreme court remitted the case for re-assessment. (Para 3 , 18 , 20) |
| 3. determination of curable defects in election petition. (Para 9 , 10 , 16) |
| 4. parties argued about compliance with affidavit requirements. (Para 12 , 13 , 14) |
| 5. affidavit compliance leads to not dismissal of the petition. (Para 44 , 45 , 46) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The Election Petition has been filed by the present Opposite Party No.1, Kishore Kumar Nayak challenging the election of the present Petitioner, Byomkesh Ray, in the General Election, 2024 from 47- Chandbali Assembly Constituency citing several grounds. The present I.A. was filed by the returned candidate, Byomkesh Ray, under Section 86 of the R.P. Act, 1951 read with Order VI Rule 16, Order VII Rule 11 and Section 151 of CPC praying to strike out the pleadings contained in Paragraphs 6-A to 6-G and for rejection/dismissal of the Election Petition in its entirety at the very threshold in terms of Section 86 of the Act.
2. The I.A. was heard extensively by this Court and disposed of vide judgment dtd.8.8.2025, inter alia, allowing it in part by striking out the pl
Procedural defects in election petitions are curable, and substantial compliance with affidavit requirements suffices to maintain the petition's validity.
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.
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.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
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....
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