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1 - 10 of 11 (0.27 seconds)The Representation Of The People Act, 1950
Section 87 in The Representation of the People Act, 1951 [Entire Act]
The Representation of the People Act, 1951
Section 83 in The Representation of the People Act, 1951 [Entire Act]
Thangjam Arunkumar vs Yumkham Erabot Singh on 23 August, 2023
[26] The petitioner has not furnished any affidavit of corrupt practice
along with the election petition as mandated under proviso to Section 83(1)
of the R.P. Act, 1951 read with provision of Rule 94-A of Conduct of Election
Rules, 1961. It is true that mere defect in affidavit is curable, but non-failing
of affidavit of corrupt practice and non-disclosure of full factum particulars of
corrupt practice are not curable defect as held in the above cited decisions.
The ratio in Arunkumar case (supra) will not be applicable in the present
case, as the petitioner has not pleaded any specific instances of corrupt
practice with full details in the election petition except for mentioning for
namesake.
D.S. Parvathamma vs A. Srinivasan on 31 March, 2003
[29] In the case of T A Ahammed Kabeer v. A A Azeez : (2003) 5
SCC 650 @ Para 33, Hon'ble Supreme Court held that a recrimination
petition under Section 97 of RP Act, 1951 will be maintainable only when
'....... the election petition seeks a declaration that any other candidate other
than the returned candidate has been duly elected over and above the
declaration that the election of the returned candidate is void.......'. In other
words, the recrimination petition will be maintainable and can be adjudicated
if the election of the returned candidate is likely to be set aside and any other
candidate be declared as elected. If the election petition is dismissed at
threshold, there would be no occasion for the court to entertain the
recrimination petition, as both the election petition and recrimination petition
are to be decided in the same proceeding in the nature of counter-claim in a
civil suit. In view of the above position of law, the recrimination petition being
El.Recr.Pet. No. 24 of 2022 filed by the returned candidate is closed as
infructuous.