SRI T. PHUNZATHANG versus SRI HANGKHANILIAN AND ORS.

A copy of affidavit lacking verification/attestation is only a curable defect; supplying rectified copies before hearing cured the omission as no prejudice was caused. Consequently, the election petition should not have been dismissed on such technical ground.

Parties: Appellant: SRI T. PHUNZATHANG; Respondent No. 1: SRI HANGKHANILIAN; Respondents: Respondent Nos. 4-9
Jurisdiction: India
Judgment Date: 28 August 2001
Procedural Posture: Civil Appeal / Appeal From High Court Decision Dismissing Election Petition
Outcome: Appeal allowed; High Court decision set aside; case remanded to High Court for trial on merits.
Legal Topics: Election Petition, Corrupt Practice, Affidavit Verification, Procedural Defect, Curability of Defect

Election Law Election Petition Corrupt Practice Affidavit Verification Procedural Defect Curability of Defect

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2

Parties

SRI T. PHUNZATHANG

Appellant

SRI HANGKHANILIAN

Respondent No. 1

Respondent Nos. 4-9

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision Dismissing Election Petition

Legal Issues

1 Whether omission of verification/attestation in copy of affidavit served with the election petition warrants dismissal under Section 86(1) of the Representation of People Act, 1951
2 Whether such omission is a curable defect or fatal to the petition

Ratio Decidendi

Court Disposition

Appeal allowed; High Court decision set aside; case remanded to High Court for trial on merits.

Orders

Impugned judgment set aside.
Matter remanded to High Court for disposal of the election petition on merits.