AIROnline 2025 SC 776

Supreme Court Of India

(From : Orissa)

Hon'ble Judge(s): Surya Kant, Joymalya Bagchi , JJ

Representation of the People Act (43 of 1951) , S.100, S.83(1)(c) Proviso— Election petition - Maintainability - Allegations of corrupt practices - Defects in affidavit - As per appellant, affidavit accompanying Election Petition in support of allegations of 'corrupt practices' was defective, as it was not filed in prescribed format - High Court granted time to Election petitioner to cure defects - However, while passing said order, High Court had failed to specify the extent of compliance with the High Court Rules, to enumerate defects necessitating rectification and to examine whether the principles of substantial compliance had been followed or not - Substantial compliance is a question of fact - High Court concluded that affidavit 'substantially complied' with the proviso to Section 83(1)(c), but did not make any facts based analysis to support same - Matter was remitted - High Court was requested to identify and enumerate defects in Form 25 affidavit and assess whether such defects, if any, were curable Constitution of India , Art.226— Orissa High Court Rules (1948) , Chap.33 R.7, Chap.33 R.21— IA No.111/2024 dt. 21-03-2025 (Ori)-ReferredAIR 2022 SC 196-FollowedAIR 2023 SC 4531-Followed (Para 20 21 22 23 24) ....