Defects in the affidavit supporting allegations of corrupt practices are curable and do not warrant dismissal of the election petition.

JUDGMENT

1. Heard on I.A. No. 7170/2019, an application under order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) r/w Section 86 of the Representation of Peoples Act, 1951 (hereinafter referred to as ' Act of 1951 ) filed by the respondent No. 1 for dismissal of this election petition.

2. Before considering the said application, I would like to mention brief facts of the case. The petitioner has filed this Election Petition under Sections 80, 80-A read with section 100(1) of the Representation of Peoples Act, 1951 (hereinafter referred to as ' Act of 1951 ), seeking declaration that the election of the Respondent No.1 from Constituency No. 74, Rewa in the Madhya Pradesh Legislative Assembly Election, 2018 (hereinafter referred to as ' 2018 Assembly Election ') be declared as null and void. It is undisputed fact that the Petitioner contested election against the Respondent No.1 from Constituency No.74, Rewa in 2018 Assembly Election. It is also undisputed fact that results of 2018 Assembly Election were declared on 11.12.18 and the Respondent No.1 was declared as returned candidate from Constituency No. 74, Rewa. The petitioner has challenged election of the Respondent No.1 from aforesaid constituency on the ground that the latter secured votes by indulging in corrupt and illegal practices in violation of the Act of 1951 and Conduct of Election Rules, 1961 (hereinafter referred to as ' Rules of 1961 ), and has also violated Model Code of Conduct (hereinafter referred to as ' MCC '). These violations are stated to have been committed by the Respondent No.1 mainly on account of (a) printing and distribution of unaccounted high quality pamphlets (b) distribution of sweet packets, sarees and gift packets having cash worth Rs. 21,000/- (c) suppression of expenses worth Rs. 59 lakh which were incurred for making high definition audio visual multimedia (d) suppression of expenses incurred in publication by Samdariya Builders of a news item in Dainik Bhaskar, Rewa Edition at the behest of the Respondent No.1 (e) violation of MCC by placing hoardings and banners on public property (f) non-disclosure of bank account details and source of income in the nomination form (g) mismatch of copy of Form 17-C kept with the returning officer after voting with the copy issued to the candidate, at the time of matching before counting (h) mismatch of seal on Form 17-C and Electronic Voting Machine (hereinafter referred to as the ' EVM '), and difference in counting of voting against votes casted, and (i) nonconsideration of complaints being made by the Petitioner to the concerned officials, including those pertaining to discrepancies in EVMs.

3. In the said application, it has been contended that the election petition does not contain a precise statement of material facts. In particular, it has been contended that the said statement in support of allegations as regards unaccounted high quality pamphlets, printing and distribution has not been made. It has further been contended that the petition suffers from non-compliance of section 83(1)(b) of the Act of 1951, as material facts of corrupt practices including names of the parties said to have committed corrupt practice date and place of commission have not been mentioned. It has further been contended that petition has not been verified since source of information has not been disclosed therein. It has further been contended that there is non-compliance of section of sub-section (1) of section 83 of the Act of 1951 and rule 94-A of the Rules of 1961 as the petition is not accompanied with affidavit in prescribed form supporting allegations of corrupt practices and particulars. In this regard, it has been contended that since allegation as regards printed high quality pamphlets pertains to violation of MCC and is corrupt practice covered under sub-section(6) of section 123 of the Act of 1951, said allegation should have been supported with prescribed affidavit and by