when the
defect is not cured. There is gulf of difference
between a curable defect and a defect continuing
in the verification affidavit without ... respondent (election petitioner) to cure the
defect. Even otherwise, appellant has not established the
defective verification or defective affidavit had any bearing on
proceedings before
cure the defect.
7 (2013) 4 SCC 776
23
43. The upshot of the above discussion is that a defective
verification is a curable defect ... cure the defects is improper.
48. The defect in the prayer made by the petitioner was also a
curable defect, as the words “as void
submitted that verification of the election petition as well as the verification of the annexures, Schedule-I and the affidavit is deeply defective and does ... when the defect is not cured. There is a gulf of difference between a curable defect and a defect continuing in the verification affidavit without
forth
the following contentions:
36
a. The plea of a defective verification or the
absence of an affidavit in a particular form
was neither pleaded ... appellant can raise the question of a
defective or non-existent plea or a defective verification
and affidavit cannot now be raised may have substance
verification of the petition does not even satisfy the requirement of Order 6 Rule 15 CPC . The verification reads as under :
"VERIFICATION ... when the defect is not cured. There is a gulf of difference between a curable defect and a defect continuing in the verification affidavit without
Order 6, Rule 16 or Order 7 Rule 11 CPC defect in verification of the election petition or the affidavit accompanying election petition has been ... amendment of a verification is a curable defect and, if so, whether every defect in a verification can be cured or there is a limit
fact that any defect in the pleadings would be a curable defect and merely because of the aforesaid defects a petition cannot be rejected ... opportunity to cure the defect.
44. The upshot of the above discussion is that a defective verification is a curable defect. An election petition cannot
prescribed by Rule 94A of the Rules. [776D-E]
13. While defective verification or a defective
affidavit may not be fatal, the High Court should ... proof thereof at the trial. Therefore, even though
ordinarily a defective verification can be cured and the
failure to disclose the grounds or sources
What is the consequence of not curing the defect? In Moidutty a defect
in verification of the election petition was pointed out by raising ... petitioner did not cure the defect. Under these circumstances it was held
that until the defect in the verification was rectified the petition could
power of the Election Tribunal to condone delay in
presentation or defective verification is thus unaffected by
the consideration whether that petition was liable ... declining to dismiss
the petition on the ground of delay or defective
verification is clearly to condone those defects.
In the instant case, with reference
