SH. HARCHARAN SINGH JOSH versus SH. HARI KISHAN

SH. HARCHARAN SINGH JOSH versus SH. HARI KISHAN

The dismissal of the election petition on the ground of non-supply of a true copy of the affidavit, lacking affirmation by the Oath Commissioner, is sustainable in law, as it constitutes a non-curable defect under Section 81(3) of the Representation of the People Act, 1951.

Parties
Appellant: Sh. Harcharan Singh Josh; Respondent: Sh. Hari Kishan
Jurisdiction
India
Judgment Date
23 April 1996
Procedural Posture
Civil Appeal / Appeal From Order of Delhi High Court Dismissing Election Petition
Outcome
Appeal dismissed
Legal Topics
Non Supply of True Copy of Affidavit, Corrupt Practices Under Representation of the People Act, Compliance With Section 81(3)
Election Law Non Supply of True Copy of Affidavit Corrupt Practices Under Representation of the People Act Compliance With Section 81(3)

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Parties

Sh. Harcharan Singh Josh

Appellant

Sh. Hari Kishan

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Delhi High Court Dismissing Election Petition

Legal Issues

  1. 1 Whether non-supply of a true copy of the affidavit to the respondent is a curable defect under Section 81(3) of the Representation of the People Act, 1951

Ratio Decidendi

The dismissal of the election petition on the ground of non-supply of a true copy of the affidavit, lacking affirmation by the Oath Commissioner, is sustainable in law, as it constitutes a non-curable defect under Section 81(3) of the Representation of the People Act, 1951.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs