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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.

G.M.SIDDESHWAR vs PRASANNA KUMAR · Niyam