Election Petition: Affidavit under Form 25 of the Conduct Rules, 1961
Civil Appeal No. 2697 of 2016
Bench: Justice Chelameswar and Justice Abhay Manohar Sapre
Case Brief: In the present case, the election of one candidate was challenged by one of the contesting candidates by filing the election petition before the High Court, on the base that the said elected candidate was guilty of commission of two corrupt practices in violation of the provisions of the Representation of People Act, 1951. Thereafter, the said elected candidate filed an I.A. where he claimed the dismissal of the said election petition under order- VII, Rule- 11 of the Code of Civil Procedure, 1908, on the base that the cause of action is not shown in it. The High Court dismissed it and again the elected candidate has filed another interim application for reviewing the order of high court, but the same was also dismissed by the court. The elected candidate as such filed special leave petitions against the orders of High Court, and also the other party- the election petitioner also preferred a Special leave petition against some of the findings of high Court. Thus, now the present bench had decided to examine the issues which were considered by the High Court. The court considered the issue that whether the election petition was accompanied by an affidavit which is complaint with the requirement of statute under the proviso of Section 83(1)(c) of the Representation of People Act and this question was also not considered by the High Court. While answer that whether there were two affidavits filed by the Election petitioner in support to this petition, the High court dealt the issue so casually and it resulted in the finding that there was no affidavit in the Form no. 25 as observed by the Apex Court. And this finding was recorded without any finding regarding the existence or otherwise of affidavit which is said to have been annexed in the election petition. It was further observed by the Bench that the objection which was raised by the Elected candidate against the Election petition, was that the affidavit sworn and filed along with the petition by the petitioner was not in conformity of Form 25 of the Conduct Rules, 1961 and it was seen that the Order- VII, Rule- 11’s language make it clear that there could be object as t format and content of the affidavit, and not regarding the date of filing the affidavit. Moreover, it was also seen that the Election petitioner again file another affidavit. Thus, the court considered that the election petitioner in his reply to the dismissal application of elected petitioner, has already stated that he had filed an affidavit in Form 25 along with election petition and this stand by him was taken by way of abundant caution that if the court would come to conclusion that his affidavit is found to be defective, then he is ready to file further affidavit for curing the defect. Thus, the bench has decided the dismiss the appeals filed by the election petitioners.
Read the Judgement: Ajay Arjun Singh Vs. Sharadendu Tiwari and Ors