Supreme Court of India · 2013-03-08
G.M.SIDDESHWAR vs PRASANNA KUMAR
- Citation / case number
- SC 2010/14332
- Court
- Supreme Court of India
- Petitioner
- G.M.SIDDESHWAR
- Respondent
- PRASANNA KUMAR
- Author
- Madan B. Lokur
- Bench
- R.M. LODHA,J. CHELAMESWAR,MADAN B. LOKUR
Judgment text excerpt
The Supreme Court ruled that an election petitioner is not mandated to file an affidavit under Order VI Rule 15(4) of the Code of Civil Procedure, 1908 in addition to the affidavit required by the proviso to Section 83(1) of the Representation of the People Act, 1951. The Court clarified that substantial compliance with statutory forms is sufficient and that defects in affidavits do not warrant summary dismissal of election petitions. The judgment overruled the interpretation in P.A. Mohammed Riyas v. M.K. Raghavan, (2012) 5 SCC 511, establishing that election petitions should not be dismissed solely based on technicalities.