Case Note & Summary
The appeal arose from an order under Section 86 of the Representation of People Act, 1951, which rejected an Election Petition filed by the appellant against the successful candidate from the No.7 Karimganj Parliamentary Constituency in the 2024 Lok Sabha elections. The appellant contended that the High Court erred in finding the attestation of the Election Petition improper, as the copies were signed by the petitioner, which should suffice according to the precedent set in F.A. Sapa v. Singora. The respondent argued that the affidavit in Form-25 lacked proper notarization and that the attestation with a 'certified true copy' stamp was insufficient. The court analyzed the requirements of Sections 81 and 83 of the RoP Act, emphasizing that the Election Petition should not be dismissed for minor defects in attestation, as substantial compliance is acceptable. The court distinguished the case from Dr. Shipra (Smt) and reaffirmed that the absence of notarization in Form-25 does not automatically lead to dismissal of the petition. Ultimately, the court restored the Election Petition for consideration on its merits, directing the High Court to verify the attestation of the affirmation on oath before proceeding (Paras 1-28).
Headnote
A) Election Law - Election Petition - Attestation Requirements - Representation of People Act, 1951, Sections 81, 83, 86 - The court found that the High Court's dismissal of the Election Petition due to improper attestation was incorrect, as the Election Petitioner’s signature sufficed for attestation under Section 81(3). The court held that substantial compliance is sufficient and reversed the High Court's order, restoring the Election Petition for consideration on merits (Paras 8-26).
Issue of Consideration
Whether the Election Petition was liable to be dismissed for lack of proper attestation and notarization.
Final Decision
The Supreme Court allowed the appeal, reversed the High Court's order, and restored the Election Petition for consideration on merits, directing verification of the attestation of the affirmation on oath.
Law Points
- Election Petition
- attestation requirements
- substantial compliance
- corrupt practices
- Representation of People Act
- 1951
