Representation of the People Act 1951

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...

Supreme Court Protects Scheduled Caste Status: Caste Certificate Validity Can’t Be Challenged in Election Petitions

The Supreme Court ruled that a caste certificate issued under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, cannot be challenged in an election petition unless expressly permitted by statute. The burden of proof remains on the election petitioner to establish disqualification beyond reasonable doubt. The Court held that allegations of conversion must be proved conclusively, and mere rituals do not determine religious status. The judgment reaffirmed that election petitions require strict compliance with pleadings and evidence standards akin to criminal proceedings. The High Court's decision was overturned for shifting the burden incorrectly and relying on unsubstantiated claims. Facts Of The Case: The case involves an appeal ...