T.M. JACOB versus C. POULOSE AND ORS.

T.M. JACOB versus C. POULOSE AND ORS.

Omission of name, address, stamp, and seal of Notary in the copy of the affidavit, when endorsement and signature are present, is not a defect of vital nature and does not attract Section 86(1) for dismissal. There was substantial compliance. Annexure XV copy served was identical to original, so no defect existed.

Parties
Appellant: T.M. Jacob; Respondent No. 1: C. Poulose; Respondent's Advocate: Ramesh Babu M.R.; Respondent's Advocate: V. Ramachandran; Respondent's Advocate: G. Prakash; Appellant's Advocate: Roy Abraham; Appellant's Advocate: Ms. Baby Krishanan; Appellant's Advocate: Nikhil Shakardande
Jurisdiction
India
Judgment Date
15 April 1999
Procedural Posture
Civil Appeal / Appeal Against Kerala High Court Decision on Election Petition No. 8 of 1996
Outcome
Appeal dismissed
Legal Topics
Election Petition, Corrupt Practices, Substantial Compliance, True Copy Requirement, Dismissal of Petition
Election Law Election Petition Corrupt Practices Substantial Compliance True Copy Requirement Dismissal of Petition

Case Brief

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Parties

T.M. Jacob

Appellant

C. Poulose

Respondent No. 1

Ramesh Babu M.R.

Respondent's Advocate

V. Ramachandran

Respondent's Advocate

G. Prakash

Respondent's Advocate

Roy Abraham

Appellant's Advocate

Ms. Baby Krishanan

Appellant's Advocate

Nikhil Shakardande

Appellant's Advocate

Procedural Posture

Civil Appeal / Appeal Against Kerala High Court Decision on Election Petition No. 8 of 1996

Legal Issues

  1. 1 Whether non-compliance with Section 81(3) of the Representation of People Act, 1951, by omitting particulars of Notary in affidavit copy supplied to the respondent, is fatal and requires dismissal under Section 86(1)
  2. 2 Whether alleged defect in Annexure XV supplied to appellant is material for purposes of dismissal under Section 86(1)

Ratio Decidendi

Omission of name, address, stamp, and seal of Notary in the copy of the affidavit, when endorsement and signature are present, is not a defect of vital nature and does not attract Section 86(1) for dismissal. There was substantial compliance. Annexure XV copy served was identical to original, so no defect existed.

Court Disposition

Appeal dismissed

Orders

  • Election petition is not to be dismissed for alleged defects under Section 81(3) or on Annexure XV grounds.
  • No order as to costs.