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.