A. MANJU versus PRAJWAL REVANNA @ PRAJWAL R & ORS

A. MANJU versus PRAJWAL REVANNA @ PRAJWAL R & ORS

Non-submission of an affidavit in Form 25 under Rule 94A, where a verifying affidavit otherwise exists with the petition, is a curable defect and does not warrant dismissal of the election petition at the threshold; the petitioner should be permitted to file the prescribed Form 25 affidavit within a limited time.

Parties
Appellant: A. Manju; Respondent: Prajwal Revanna @ Prajwal R & Ors.
Jurisdiction
India
Judgment Date
13 December 2021
Procedural Posture
Civil Appeal / Appeal From the High Court Judgment Dated 17.01.2020 in E.p. No.1 of 2019
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
Affidavit in Form 25, Verification of Election Petition, Corrupt Practices, Dismissal of Election Petition at Threshold, Substantial Compliance
Election Law Electoral Legislation Civil Procedure Affidavit in Form 25 Verification of Election Petition Corrupt Practices Dismissal of Election Petition at Threshold Substantial Compliance

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Parties

A. Manju

Appellant

Prajwal Revanna @ Prajwal R & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court Judgment Dated 17.01.2020 in E.p. No.1 of 2019

Legal Issues

  1. 1 Whether non-submission of affidavit in Form 25 under Rule 94A mandates dismissal of an election petition at threshold
  2. 2 Whether allegations constituted 'corrupt practice' requiring prescribed affidavit
  3. 3 Whether defects in verification/affidavit are curable or fatal under Sections 81, 83 and 86 of the Representation of People Act, 1951

Ratio Decidendi

Non-submission of an affidavit in Form 25 under Rule 94A, where a verifying affidavit otherwise exists with the petition, is a curable defect and does not warrant dismissal of the election petition at the threshold; the petitioner should be permitted to file the prescribed Form 25 affidavit within a limited time.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • Impugned order dated 17.01.2020 of the High Court is set aside
  • Application filed by respondent under Order VII Rule 11, Section 151 CPC and Section 86(1) RP Act dismissed