VidhiSangh

Supreme Court of India · 13/12/2021

A. MANJU versus PRAJWAL REVANNA @ PRAJWAL R & ORS

[2021] 12 S.C.R. 195 · 2021 INSC 881

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Summary

The Court restored an election petition dismissed for failure to file an affidavit in Form 25 supporting allegations of corrupt practice. The petition already contained verification and a supporting affidavit, so absence of the prescribed form was a curable defect rather than total absence of an affidavit. The allegations extended beyond mere statutory nondisclosure, making the prescribed affidavit necessary, but the petitioner deserved an opportunity to supply it. The rejection application was dismissed, fifteen days allowed to file Form 25, and urgent continuation of the election trial directed without deciding the allegations.

Issues

  1. Whether an election petition supported by an affidavit outside Form 25 could be rejected at the threshold rather than permitting cure.
  2. Whether substantial compliance with copy attestation and the scope of the allegations affected maintainability.

Provisions considered

Held

Result

Appeal allowed with parties bearing their own costs; rejection of election petition set aside, fifteen days allowed to file Form 25 and urgent continuation of proceedings directed.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 195.