AIR 1999 SUPREME COURT 768 ::1999 AIR SCW 382 ::1999 (3) Kant LD 195 ::1999 (1) ADSC 245 ::1999 (1) UJ (SC) 369 ::1999 UJ(SC) 1 369 ::1999 (2) SCC 217 ::(1999) 1 Scale 112 ::(1999) 2 SCJ 100 ::1999 (1) LRI 228 ::(1999) 1 Supreme 183 ::(1999) 1 JT 126 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): M. Srinivasan, U. C. Banerjee , JJ

(A) Representation of The People Act (43 of 1950) , S.86, S.83— Election petition - Dismissal @page-SC769in limine - Defective verification or defective affidavit - Not ground for dismissal. S. 86 provides for dismissal of election petition in limine for non-compliance of Ss. 81, 82 and 117. Significantly S. 86 does not refer to S. 83 and non-compliance of S. 83 does not lead to dismissal under S. 86. Defect in verification of the election petition or the affidavit accompanying election petition is curable and not fatal. Non-compliance of S. 83 may lead to dismissal of the petition only if the matter falls within the scope of O. 6, R. 16 or O. 7, R. 11 CPC. (B) Representation of The People Act (43 of 1950) , S.86, S.169— Conduct of Election Rules (1961) , R.63— Constitution of India , Art.136— Election petition inter alia on ground that recount was ordered without compliance of R. 63 - Rejection of application for its summary dismissal for non-compliance with certain mandatory provisions and for non disclosure of cause of action - Appeal against - Legality of order of recount - Cannot be decided at this stage - It has to be decided at trial. (Para 19) (C) Representation of T....