Supreme Court Overturns High Court's Dismissal of Election Petition, Orders Re-evaluation, Apex Court Emphasizes Verification of Original Affidavit in Election Petitions, Allows Allegations of Corrupt Practices to Proceed Only on Verified Attestation
In a significant judgment, the Supreme Court of India has overturned a High Court's decision to dismiss an election petition filed by Hafiz Rashid Ahmed Choudhury against Kripanath Mallah, the successful candidate from the Karimganj Parliamentary Constituency in Assam. The judgment, delivered by Justices J.B. Pardiwala and K. Vinod Chandran, underscores the need for courts to verify the original affidavit filed in election petitions before dismissing them due to defects in attestation.
The appeal arose from a High Court order under Section 86 of the Representation of People Act, 1951, which rejected Choudhury's petition on grounds of improper attestation of Form-25 and alleged missing pages in the election petition. The Supreme Court clarified that defects in the attestation of Form-25 do not warrant the automatic dismissal of an election petition under Section 86. Instead, the Court must verify if due attestation of the affirmation on oath is available in the original affidavit filed before the court.
The Supreme Court relied on precedents set by its own Constitution Bench in the case of T.M. Jacob v. C. Poulose, which established that the absence of attestation in copies supplied to the returned candidate is not fatal if the original affidavit complies with prescribed standards. The court emphasized that only allegations of corrupt practices require strict compliance with statutory requirements, and defects under Section 83 do not lead to automatic dismissal under Section 86.
Addressing concerns over missing pages, the Supreme Court found no reason to interfere with the High Court's finding that the issue was an afterthought, as it was not raised immediately after the respondent received the petition. However, the Court reversed the High Court's finding on the attestation issue, citing its earlier ruling in F.A. Sapa v. Singora, which held that a petitioner's signature at the foot of each page suffices for attestation, provided it conveys the petitioner's responsibility for the copy being a true copy.
The judgment further clarified that the absence of notarization or attestation in copies supplied to the returned candidate is not fatal if the original affidavit meets the prescribed standards. The Supreme Court directed the High Court to verify the original affidavit's attestation and proceed with the election petition on merits if due attestation is found. If not, the allegations of corrupt practices cannot be urged, but the petition may proceed on other grounds.
The Supreme Court's decision restores Choudhury's election petition to the High Court, mandating it to re-evaluate the case in light of the verification of the original affidavit. This judgment is a pivotal reminder of the importance of verifying original documents in judicial proceedings, ensuring justice is served based on substantive compliance rather than procedural technicalities.
Bottom Line:
Election petition alleging corrupt practices cannot be dismissed in limine for defects in attestation of Form-25; Court must verify if due attestation of affirmation on oath is available in the original affidavit filed before the Court.
Statutory provision(s): Representation of The People Act, 1951 Sections 81, 83, 86
Hafiz Rashid Ahmed Choudhury v. Kripanath Mallah, (SC) : Law Finder Doc id # 2966102
