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april 1996

Supreme Court of India · 1996-04-23

HARCHARAN SINGH JOSH vs HARI KRISHAN

Citation / case number
SC 1995/11755
Court
Supreme Court of India
Petitioner
HARCHARAN SINGH JOSH
Respondent
HARI KRISHAN
Author
K. RAMASWAMY,B.L. HANSARIA,S.B. MAJMUDAR
Bench
K. RAMASWAMY,B.L. HANSARIA,S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court upheld the dismissal of an election petition under Section 86 of the Representation of the People Act, 1951, due to non-compliance with Section 81(3), which mandates the supply of true copies of the election petition and affidavit. The Court emphasized that the absence of attestation by the Oath Commissioner rendered the affidavit defective and non-curable, aligning with its previous ruling in Dr. (Smt.) Shipra vs. Shantilal Khoiwal. Consequently, the appeal was dismissed, affirming the High Court's findings.

HARCHARAN SINGH JOSH vs HARI KRISHAN · Niyam