F.A. SAPA ETC. ETC. versus SINGORA AND ORS. ETC.

Defects in verification and attestation of election petitions are not necessarily fatal and can be cured before trial; High Court must ensure compliance before trial. True copies of integral annexures must be provided; failure is fatal. Amendments are allowed to supply particulars but not to introduce new allegations of corrupt practice.

Parties: Appellant: F.A. Sapa; Respondent: Singora and Ors.
Jurisdiction: India
Judgment Date: 10 May 1991
Procedural Posture: Civil Appeal / Appeal From Order of High Court in Election Petitions
Outcome: Appeals partly allowed
Legal Topics: Election Petition, Corrupt Practice, Verification of Pleadings, Amendment of Pleadings, Attestation of Copies

Election Law Civil Procedure Election Petition Corrupt Practice Verification of Pleadings Amendment of Pleadings Attestation of Copies

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 30 Party arguments 2

Parties

F.A. Sapa

Appellant

Singora and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court in Election Petitions

Legal Issues

1 Whether defects in verification and attestation of copies in election petitions are fatal or curable.
2 Whether amendments to election petitions introducing new allegations of corrupt practices are permissible.
3 Compliance requirements for affidavits supporting allegations of corrupt practices in election petitions.

Ratio Decidendi

Court Disposition

Appeals partly allowed

Orders

High Court directed to issue directions for petitioners to cure defects within specified time.
If petitioners fail to cure defects, High Court to pass consequential orders.