DR. SMT. SHIPRA versus SHANTI LAL KHOIWAL

DR. SMT. SHIPRA versus SHANTI LAL KHOIWAL

When an election petition alleges corrupt practices, the supporting affidavit supplied to the respondent must also bear attestation verifying its contents; omission constitutes a material defect that renders the petition liable to dismissal under the mandatory requirements of Section 81(3) and Section 83(1)(c) of the Representation of the People Act, 1951.

Parties
Appellant: Dr. Smt. Shipra; Respondent: Shanti Lal Khotwal
Jurisdiction
India
Judgment Date
03 April 1996
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Corrupt Practice, True Copy Requirement, Affidavit Verification, Representation of the People Act, 1951
Election Law Corrupt Practice True Copy Requirement Affidavit Verification Representation of the People Act, 1951

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Smt. Shipra

Appellant

Shanti Lal Khotwal

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the copy of the election petition accompanied by supporting affidavit served on the respondent without attestation by the prescribed authority can be said to be a 'true and correct copy' under Section 81(3) of the Representation of the People Act, 1951
  2. 2 Whether the omission of verification in the supplied copy is a curable defect or fatal to the maintainability of the election petition

Ratio Decidendi

When an election petition alleges corrupt practices, the supporting affidavit supplied to the respondent must also bear attestation verifying its contents; omission constitutes a material defect that renders the petition liable to dismissal under the mandatory requirements of Section 81(3) and Section 83(1)(c) of the Representation of the People Act, 1951.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed without costs.