H.D. REVANNA versus G. PUTTASWAMY AND ORS.

H.D. REVANNA versus G. PUTTASWAMY AND ORS.

Neither verification nor affidavit is in prescribed form, but defects are not fatal and are curable; allegations of corrupt practices and necessary facts are substantially pleaded; maintainability of election petition is upheld if relief can be granted upon proof; preliminary applications for summary dismissal rejected.

Parties
Appellant: H.D. Rev Anna; Respondent No. 1: G. Puttaswamy; Respondents: Others
Jurisdiction
India
Judgment Date
21 January 1999
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 21.3.96 of the Karnataka High Court in E.p. No. 16 of 1995
Outcome
Appeals dismissed with costs.
Legal Topics
Election Petition, Verification Requirements, Affidavit Defects, Corrupt Practices, Material Facts and Particulars, Recount Procedure, Maintainability, Preliminary Objections
Election Law Election Petition Verification Requirements Affidavit Defects Corrupt Practices Material Facts and Particulars Recount Procedure Maintainability +1 more

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Parties

H.D. Rev Anna

Appellant

G. Puttaswamy

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 21.3.96 of the Karnataka High Court in E.p. No. 16 of 1995

Legal Issues

  1. 1 Whether defects in verification and affidavit render election petition liable to dismissal
  2. 2 Whether allegations of corrupt practices are sufficiently pleaded
  3. 3 Distinction between material facts and particulars in election petition

Ratio Decidendi

Neither verification nor affidavit is in prescribed form, but defects are not fatal and are curable; allegations of corrupt practices and necessary facts are substantially pleaded; maintainability of election petition is upheld if relief can be granted upon proof; preliminary applications for summary dismissal rejected.

Court Disposition

Appeals dismissed with costs.

Orders

  • Election petition not liable to be dismissed in limine for defects in verification or affidavit.
  • High Court's finding that material facts have been substantially pleaded affirmed.