ANIL R. DESHMUKH versus ONKAR N. WAGH AND ORS.

ANIL R. DESHMUKH versus ONKAR N. WAGH AND ORS.

Service of a true copy of the affidavit containing proper verification and endorsement before hearing of the preliminary objection constitutes sufficient compliance with Sections 81(3) and 83(1)(c) of the Representation of the People Act, and does not render the election petition liable to dismissal.

Parties
Appellant: Anil R. Deshmukh; Respondent No. 1: Onkar N. Wagh; Respondent No. 7: Respondent No. 7
Jurisdiction
India
Judgment Date
21 January 1999
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Election Petition by High Court on Preliminary Issues Without Trial
Outcome
Appeal allowed
Legal Topics
Maintainability of Election Petition, Affidavit Filing and Service, Compliance With Representation of the People Act, Curability of Procedural Defects
Election Law Maintainability of Election Petition Affidavit Filing and Service Compliance With Representation of the People Act Curability of Procedural Defects

Case Brief

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Parties

Anil R. Deshmukh

Appellant

Onkar N. Wagh

Respondent No. 1

Respondent No. 7

Respondent No. 7

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Election Petition by High Court on Preliminary Issues Without Trial

Legal Issues

  1. 1 Whether the absence of notarial endorsement on a copy of affidavit served with an election petition is a fatal defect under the Representation of the People Act, 1951
  2. 2 Whether subsequent service of a true copy with proper endorsement before hearing cures any initial defect

Ratio Decidendi

Service of a true copy of the affidavit containing proper verification and endorsement before hearing of the preliminary objection constitutes sufficient compliance with Sections 81(3) and 83(1)(c) of the Representation of the People Act, and does not render the election petition liable to dismissal.

Court Disposition

Appeal allowed

Orders

  • Order of the Bombay High Court dated 1.11.1996 dismissing Election Petition No. 3 of 1995 set aside.
  • Election Petition No. 3 of 1995 restored to file of the High Court; to be decided on merits.