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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Thangjam Arunkumar – Appellant
Versus
Yumkham Erabot Singh – Respondent
JUDGMENT
Pamidighantam Sri Narasimha, J.
1. This appeal arises out of the decision of the High Court of Manipur1 [Hereinafter “the High Court”] dated 11.04.2023, whereby the returned candidate’s application under Order 7 Rule 11 of the Code of Civil Procedure, 19082[Hereinafter, “the CPC”], to dismiss the election petition filed by the unsuccessful candidate on the ground that it lacks material particulars and is in violation of mandatory requirements of law was rejected by the High Court. The returned candidate is the Appellant before us.
Facts:
2. The short and precise facts necessary for our consideration are as follows. The Appellant is the returned candidate to the XII Manipur Legislative Assembly, having been elected from the 15- Wangkhei Assembly Constituency. The Respondent No.1, the unsuccessful candidate moved Election Petition No. 24 of 20223[Hereinafter, “the CPC”] alleging violations under Sections 80, 80A, 81, 84 read with Sections 100(1)(d)(iv) and 101 of the Representation of People Act, 19514[Hereinafter, “the Act”]. The election petitioner prayed that the election of the Appellant be held void and also to declare him to be the elected candidate. It is important to no
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.
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....
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
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....
Affidavits in election petitions must meet specific legal standards; non-compliance leads to dismissal.
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.
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.
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