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Saritha S. Nair vs Hibi Eden on 9 December, 2020

NC: 2025:KHC:26676 MFA No. 1202 of 2024 HC-KAR "33. Section 83(1)(c) mandates that an election petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure for verification of pleadings. Signing a petition and verifying the petition are two different aspects. While Order 6 Rule 14 deals with the signing of the petition, Order 6 Rule 15 deals with the verification of pleading. Rule 14 mandates that every pleading shall be signed by the party as well as the pleader, if any. But the proviso carves out an exception by stating that where a party is unable to sign the pleading, by reason of absence or for other good cause, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf. Order 6 Rule 14 reads as follows:
Supreme Court of India Cites 42 - Cited by 7 - V Ramasubramanian - Full Document

Satya Narain vs Dhuja Ram And Others on 21 December, 1973

9. These findings of the trial Court with the non- disclosure stated supra are not challenged by the respondent by preferring any separate appeal. Despite these adverse findings on merits, the trial Court dismissed the election petition on the ground that, the petition was not maintainable for procedural reasons. It held that, the appellant had failed to file a mandatory affidavit in support of the verification of the pleadings as required under Order VI Rule 15(4) of CPC. The annexure to the application were not attested and certified copies were not furnished to the respondents. It held that, these lapses were not mere irregularities but went to the root of the maintainability of the petition. The trial Court placed reliance on binding precedent of apex Court in Mithilesh -9- NC: 2025:KHC:26676 MFA No. 1202 of 2024 HC-KAR Kumar Pandey v. Baidyanath Yadav and Others, AIR 1984 SC 305, Satya Narain v. Dhuja Ram and Others, AIR 1974 SC 1185, G.M. Siddeshwar v. Prasanna Kumar, (2013) 4 SCC 776, wherein the Hon'ble Apex Court reiterated that, failure to comply with the mandatory procedural requirements including furnishing a supportive affidavits renders and election petition liable for dismissal at the threshold.
Supreme Court of India Cites 36 - Cited by 107 - S N Dwivedi - Full Document
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