VidhiSangh

Supreme Court of India · 23/08/2023

THANGJAM ARUNKUMAR versus YUMKHAM ERABOT SINGH & ORS.

[2023] 11 S.C.R. 392 · 2023 INSC 762

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to reject an election petition merely because it lacked a separate Form 25 affidavit supporting allegations of corrupt practice. The existing affidavit and verification covered those allegations on oath and substantially complied with Section 83(1)(c). A defect of this kind is curable rather than a ground for automatic dismissal at the threshold.

Issues

  1. Whether absence of a separate prescribed affidavit supporting corrupt-practice allegations required threshold rejection of the election petition.

Provisions considered

Held

Result

Returned candidate’s appeals dismissed; refusal to reject the election petition upheld. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 392.