Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951 - s.83(l){c) proviso rlw. Order VI Rule 15(4) of CPC - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Representation of the People Act, 1951 - s.83(l){c) proviso rlw. Order VI Rule 15(4) of CPC-Interlocutory application under Order VIL Rule 11 CPC - Filed in Election petition - By the returned candidate seeking dismissal of petition on the ground interalia that the affidavit filed alongwith the petition was no.t in conformity with Form 25 of the Conduct of Election Rules, 1961 - Election petitioner mentioned in his reply that the affidavit in Form 25 was to be found at pages 394 and 395 of the petition and asserted that he filed two affidavits with the petition - The High Court- held that though the petitioner had not filed the affidavit in Form-25, but the defect was curable and hence directed the petitioner to file an affidavit in Form 25 - Election Petitioner filed the affidavit as directed - Review petition by the returned candidate against the order of High Court was dismissed ..:.. Two appeals filed by the returned candidate in this Court - The election petitioner also filed appeal challenging the finding that affidavit in Form 25 was not filed - This Court adjourned the matter in order to enable the parties to seek a clarification as to whether there was one or two affidavits filed alongwith the petition - Application for the clarification order filed in High Court - High Court clarified that two affidavits were filed alongwith the election petition - Returned candidate filed another appeal to this Court challenging the clarification order - On the ground that the order suffered from lack of jurisdiction being in contravention of r. 13(2) of High Court of Madhya Pradesh Rules, 2008 - Held: The clarification order of High Court did not suffer from lack of jurisdiction as the order was in conformity with s.80A(2) of the Representation of the People Act - Stipulation u/r. 13(2) is contrary to stipulation u/s. 80A(2) - As per Art. 225 of the Constitution (under which High Court Rules were made) any Rule shall be subject to the law, made by appropriate Legislature - It is proved that the election petition was accompanied by an affidavit in Form 25 in compliance with the requirement of statute under proviso to s.83(l)(c) - Conduct of Election Rules, 1961 - Form 25 - Constitution of India - Art. 225 - High Court of Madhya Pradesh Rules, 2008 - Code of Civil Procedure, 1908 - Or. VIL r. 11. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 264 |
Petitioner | Ajay Arjun Slngh |
Respondent | Sharadendu Tiwari & Others |
SCR | [2016] 4 S.C.R. 555 |
Judgement Date | 2016-03-15 |
Case Number | 2697 |
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