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Supreme Court of India · 22/08/2025

TANKADHAR TRIPATHY versus DIPALI DAS

[2025] 8 S.C.R. 1137 · 2025 INSC 1017

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Summary

Non-compliance with the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 (affidavit in Form 25 supporting allegations of corrupt practice) is a curable defect and substantial compliance suffices, but whether there has been substantial compliance is a question of fact requiring a reasoned examination. The High Court's order refusing to reject the election petition and granting time to cure defects was remitted because it neither enumerated the defects nor examined substantial compliance or the effect of limitation.

Issues

  1. Whether non-compliance with the proviso to Section 83(1)(c) of the RP Act is a fatal defect rendering an election petition non-maintainable at the threshold.
  2. Whether defects in a Form 25 affidavit must be cured by a fresh affidavit within the period of limitation or may be cured at any stage, and whether the High Court can condone delay in filing it.

Provisions considered

Held

Result

Appeal disposed of; matter remitted to the High Court to enumerate the defects in the Form 25 affidavit and decide as preliminary issues whether it is defective, whether it substantially satisfies Form 25, whether a supplementary affidavit must be filed within limitation, and whether the Election Tribunal can condone delay. The High Court is to strike out the pleadings the parties agreed to expunge (relating to a third candidate), allow consequential amendments, and then frame issues on merits. Pending applications disposed of in the same terms.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 1137.