Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Conduct of Election Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Conduct of Election Rules, 1961 – r.94A – Non-submission of Form 25 – Election petition containing allegations of corrupt practices – Whether election petition can be thrown out at the threshold on a plea of the elected candidate that the petition is not supported by an affidavit in Form 25 – Held: Non-submission of Form 25 would not lead to the dismissal of the election petition – On facts, looking at the election petition, the prayer clause is followed by a verification – There is also a verifying affidavit in support of the election petition – Thus, factually it would not be appropriate to say that there is no affidavit in support of the petition, albeit not in Form 25 – This is a curable defect and the Judge trying the election petition ought to have granted an opportunity to the election petitioner to file an affidavit in support of the petition in Form 25 in addition to the already existing affidavit filed with the election petition – Once there is an affidavit, albeit not in Form 25, the appropriate course would be to permit an affidavit to be filed in Form 25 – The petition is at a threshold stage – It is not as if the election petitioner has failed to cure the defect even on being pointed out so – This is not a case where the filing of an affidavit now in Form 25 would grant an opportunity for embellishment as is sought to be urged on behalf of elected candidate – Election petitioner has stated the case clearly and in no uncertain terms with supporting material in the election petition – Whether the violation is made out by elected candidate or not would be a matter of trial but certainly not a matter to be shut out at the threshold – Representation of People Act, 1961 – s.86(1) – Elections laws. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 881 |
Petitioner | A. Manju |
Respondent | Prajwal Revanna @ Prajwal R & Ors |
SCR | [2021] 12 S.C.R. 195 |
Judgement Date | 2021-12-13 |
Case Number | 1774 |
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