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2013 Supreme(SC) 218

J.CHELAMESWAR, R.M.LODHA, MADAN B.LOKUR
G. M. SIDDESHWAR – Appellant
Versus
PRASANNA KUMAR – Respondent


Judgement Key Points

Based on the provided legal document, the key points regarding the law on affidavits in election petitions are as follows:

  1. Filing an affidavit in terms of Order VI Rule 15(4) of the Civil Procedure Code (CPC) is not an absolute requirement under the relevant election law unless allegations of corrupt practices are made in the petition. The law mandates verification of pleadings in a manner prescribed by the CPC, but it does not explicitly require an additional affidavit supporting the pleadings unless such allegations are present (!) (!) .

  2. An affidavit accompanying an election petition, especially in cases involving allegations of corrupt practices, should substantially comply with the prescribed format. Defects in such affidavits, including verification issues, are considered curable and not necessarily fatal to the maintainability of the petition (!) (!) .

  3. The requirement for an affidavit in the prescribed form (Form 25) is meant to ensure that allegations are made on oath and with proper affirmation. However, strict adherence to the format is not mandatory if there is substantial compliance, and defects can be rectified at a later stage (!) (!) .

  4. The law emphasizes that non-compliance with procedural formalities, such as filing a defective affidavit, does not automatically lead to the dismissal of an election petition. Courts are encouraged to provide an opportunity to cure such defects before dismissing the petition (!) (!) (!) .

  5. The primary purpose of verification and affidavits is to attest to the truth of the allegations. While verification is essential, defects in verification are generally considered curable unless they are total and complete non-compliance that affects the core of the petition (!) (!) .

  6. The law also recognizes that an election petition can be dismissed summarily if it does not disclose a cause of action or if there is total non-compliance with statutory requirements. Nonetheless, minor procedural defects, including those related to affidavits, should be rectified rather than lead to immediate dismissal (!) (!) .

  7. The procedural rules and the law aim to balance the integrity of the election process with the need to prevent technicalities from unduly dismissing valid petitions. Courts are advised to adopt a pragmatic approach, giving opportunities for rectification to uphold the substantive rights of parties involved (!) (!) .

In essence, while affidavits are important for verifying allegations in election petitions, procedural defects are generally considered curable, and courts should prioritize substantial compliance and rectification over dismissing petitions on technical grounds.


JUDGMENT

Madan B. Lokur, J.:-

Leave granted.

2. The principal question of law raised for our consideration is whether, to maintain an election petition, it is imperative for an election petitioner to file an affidavit in terms of Order VI Rule 15(4) of the Code of Civil Procedure, 1908 in support of the averments made in the election petition in addition to an affidavit (in a case where resort to corrupt practices have been alleged against the returned candidate) as required by the proviso to Section 83(1) of the Representation of the People Act, 1951. In our opinion, there is no such mandate in the Representation of the People Act, 1951 and a reading of P.A. Mohammed Riyas v. M.K. Raghavan & Ors., (2012) 5 SCC 511 which suggests to the contrary, does not lay down correct law to this limited extent.

3. Another question that has arisen is that if an affidavit filed in support of the allegations of corrupt practices of a returned candidate is not in the statutory Form No. 25 prescribed by the Conduct of Election Rules, 1961, whether the election petition is liable to be summarily dismissed. In our opinion, as long as there is substantial compliance with the statutory form, there is n






























































































































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