REGU MAHESH @ REGU MAHESWAR RAO versus RAJENDRA PRATAP BHANJ DEV AND ANR.

REGU MAHESH @ REGU MAHESWAR RAO versus RAJENDRA PRATAP BHANJ DEV AND ANR.

Defects in the verification and affidavit of the election petition, if not cured when pointed out, render the petition liable for dismissal. Misrepresentation of Scheduled Tribe status for contesting in a reserved constituency does not amount to corrupt practice under Section 123(3) of the Representation of the People Act, 1951. Election petition must contain proper verification distinguishing facts based on knowledge and information, and procedural requirements must be strictly followed.

Parties
Appellant: Regu Mahesh; Respondent No. 1: Rajendra Pratap Bhanj Dev; Respondent No. 2: Respondent no. 2
Jurisdiction
India
Judgment Date
30 October 2003
Procedural Posture
Civil Appeal / Appeal Against High Court Dismissal of Election Petition
Outcome
Appeal dismissed
Legal Topics
Election Petitions, Verification and Affidavit Requirements, Reserved Constituencies for Scheduled Tribes, Corrupt Practice Allegations
Election Law Civil Procedure Election Petitions Verification and Affidavit Requirements Reserved Constituencies for Scheduled Tribes Corrupt Practice Allegations

Case Brief

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Parties

Regu Mahesh

Appellant

Rajendra Pratap Bhanj Dev

Respondent No. 1

Respondent no. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal Against High Court Dismissal of Election Petition

Legal Issues

  1. 1 Whether defects in verification and affidavit in an election petition are fatal or curable
  2. 2 Whether misrepresentation of Scheduled Tribe status constitutes corrupt practice under the Representation of the People Act, 1951
  3. 3 Whether High Court was correct in dismissing election petition for procedural defects

Ratio Decidendi

Defects in the verification and affidavit of the election petition, if not cured when pointed out, render the petition liable for dismissal. Misrepresentation of Scheduled Tribe status for contesting in a reserved constituency does not amount to corrupt practice under Section 123(3) of the Representation of the People Act, 1951. Election petition must contain proper verification distinguishing facts based on knowledge and information, and procedural requirements must be strictly followed.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded