AIR 2013 SUPREME COURT 1549 ::2013 AIR SCW 1777 ::2013 (1) ADR 170 ::2013 (2) AIR Kant HCR 349 ::2013 (2) AKR 349 ::(2013) 1 WLC(SC)CVL 531 ::(2013) 1 CLR 1050 (SC) ::(2013) 3 CivLJ 799 ::(2013) 2 RecCivR 340 ::(2013) 3 Scale 287 ::AIR 2013 SC (Civil) 1091 ::2013 (4) SCC 776 ::(2013) 4 Mad LW 151 ::(2013) 3 Mad LJ 333 ::(2013) 3 Kant LJ 665 ::2013 (2) KLT SN 20 (SC) ::(2013) 4 AndhLD 131

Supreme Court Of India

(From : AIR 2010 Kar 113)

Hon'ble Judge(s): R. M. Lodha, J. Chelameshwar, Madan B. Lokur , JJJ

(A) Representation of The People Act (43 of 1950) , S.83(1)(c) Proviso— Election petition - Affidavit - Requirement of - Petition alleging corrupt practice - Need not be accompanied by two affidavits - One in support of allegations of corrupt practice and other as per requirement of O. 6, R. 15(4) of Civil P. C. Civil P.C. (5 of 1908) , O.6 R.15(4)— The Act does not require that in petition alleging corrupt practice the petitioner has to file an affidavit in terms of O. 6, R. 15(4) of the Code of Civil Procedure, 1908 in support of the averments made in the election petition in addition to an affidavit as required by the proviso to Section 83(1). A reading of Section 83 (1)(c) of the Act makes it clear that what is required of an election petitioner is only that the verification should be carried out in the manner prescribed in the CPC. That O. 6, R. 15 requires an affidavit 'also' to be filed does not mean that the verification of a plaint is incomplete if an affidavit is not filed. The requirement of an 'additional' affidavit is not to be found in S. 83(1)(c). While the requirement of 'also' filing an affidavit in support of pleadings filed under the CPC may be mandatory in terms of O. 6, R. 15(4) of CPC, the affidavit is not a part of the verification of the pleadings. Both are quite different. While the Act does require a verification of t....