Whereby the returned candidate’s application under Order 7 Rule 11 of the Code of Civil Procedure, 1908[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. (Para 1)
The position of law that emerges for the above referred cases is clear. The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit. (Para 14)
In the instant case, the election petition contained on affidavit and also a verification. In this very affidavit, the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge. Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c) of the Act. (Para 15)
We are in agreement with the conclusion of the High Court that there is substantial compliance of the requirements under Section 83(1)(c) of the Act and this finding satisfies the test laid down by this Court in Siddeshwar (supra). Even the subsequent decision of this Court in Revanna (supra) supports the final conclusion arrived at by the High Court. (Para 16)
SUPREME COURT OF INDIA
2023 STPL(Web) 208 SC
[2023 INSC 762]
Thangjam Arunkumar Vs. Yumkham Erabot Singh & Ors.
Civil Appeal Nos. 4179-4180 of 2023 Arising Out of Slp (C) Nos. 11828-11829 of 2023-Decided on 23-8-2023
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