KAMAL NARAIN SHARMA vs SHRI PANDIT DWARKA PRASAD MISHRA AND OTHERS

The Supreme Court addressed the validity of an affidavit sworn under Rule 94A of the Conduct of Election Rules, 1961, in an election petition challenging the election of the first respondent to the Madhya Pradesh Legislative Assembly. The Court held that an affidavit sworn before a Clerk of Court, who was appointed as a Commissioner of Oaths under Section 139(c) of the Code of Civil Procedure, is valid for the purposes of Rule 94A, as the rule does not impose restrictions on the type of Commissioner. The Court overturned the High Court's decision, allowing the appellant's affidavit to stand.