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Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

26Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

This Supreme Court judgment clarifies that non-compliance with the affidavit requirement under Section 83(1)(c) of the Representation of the People Act, 1951, is not automatically fatal. Following the precedent in G.M. Siddeshwar, the Supreme Court held that 'substantial compliance' with Form 25 suffices, and defects are generally curable. The matter was remanded to the High Court to determine if the affidavit in question substantially complied with the statutory requirements and whether the defects could be rectified. Facts Of The Case: The case arose from the General Elections to the Odisha Legislative Assembly for the 07-Jharsuguda Constituency, held in 2024. The appellant, Tankadhar Tripathy, was declared the elected candidate, winning by a margin of 1,333 votes. The respondent, Dipa...

When Can an Election Be Overturned? Supreme Court Explains the Difference Between Major and Minor Non-Disclosure

The Supreme Court ruled that non-disclosure of income details in an election affidavit is not automatically a 'substantial defect' voiding an election under Section 100 of the Representation of the People Act, 1951. The defect must be of a consequential nature to constitute a corrupt practice or improper nomination acceptance. The people's mandate cannot be invalidated on mere technicalities. Facts Of The Case: The appellant, Ajmera Shyam, an Indian National Congress candidate, challenged the election of respondent Smt. Kova Laxmi (BRS party) to the Telangana Legislative Assembly from the Asifabad (ST) constituency. The election was declared on December 3, 2023, with Laxmi winning by a margin of 22,798 votes. The challenge was based on the alleged improper acceptance of her nomination pa...

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...