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Civil · Reportable judgment

Tankadhar Tripathy vs Dipali Das

Court
Supreme Court of India
Date
22 August 2025
Case No.
Civil Appeal No. 11017 of 2025
Bench
Surya Kant, Joymalya Bagchi
Citation
[2025] 8 S.C.R. 1137 : 2025 INSC 1017
Acts & Sections
Representation of the People Act, 1951 Conduct of Elections Rules, 1961 High Court Rules CPC
Supreme Court Reports [2025] 8 S.C.R. 1137 : 2025 INSC 1017
Issue for consideration
Whether non-compliance with the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is a fatal defect, rendering the Election Petition non-maintainable at the threshold.
Headnote

Representation of the People Act, 1951 – s.83(1)(c) – Conduct of Elections Rules, 1961 – Rule 94-A – Code of Civil Procedure, 1908 – Or. VII, r.11 – Whether the requirement of filing an affidavit under the proviso to s.83(1)(c) of the RP Act is of a mandatory character:

Held: This Court has underscored that the requirement of filing an affidavit under the proviso to s.83(1)(c) of the RP Act is not of a mandatory character, and that ‘substantial compliance’ therewith would suffice – Where an affidavit is already on record, albeit not in the prescribed Form 25, the proper course would be to afford the Election Petitioner an opportunity to file a corrected affidavit in conformity with the prescribed form – On facts, there are apparent deficiencies in the Impugned Order, namely, (i) to specify the extent of compliance with the High Court Rules; (ii) to enumerate the defects necessitating rectification; and (iii) to examine whether the principles of substantial compliance have been followed or not – This Court deems it appropriate to remit the case to the High Court with a request to answer these questions and re-determine whether these were curable defects which could be permitted to be rectified. [Paras 17, 23]

Representation of the People Act, 1951 – s.80-A – High Court Rules – Chapter XXXIII – Rules, 7, 21:

Held: It becomes clear from a perusal of these Rules (Rules 7 and 21) that at the stage of presenting an Election Petition, it must be examined by the prescribed officer of the High Court, alongwith its accompanying documents, so as to ensure that the same conforms with the requirements of law and the applicable rules – During this process, if it is found that the Election Petition or its accompanying documents suffer from any defects or omissions, the same shall be placed before the learned Judge-cum-Election Tribunal – The judicial proceedings thereafter shall be conducted in accordance with the rules and procedures described in Rule 21 – Such procedure also contemplates compliance with the contents and format of an affidavit elaborately described in Chapter VI of the High Court Rules – In the instant case, the impugned order does not clarify whether the above-stated process of scrutiny was duly followed by the prescribed officer at the time of presentation of the Election Petition. [Paras 20, 21]

Read the full headnote (2 more paragraphs)

Representation of the People Act, 1951 – s.83(1)(c) – Obligation on the Election Petitioner:

Held: The law evolved in the recent decisions of this Court, places an obligation on the Election Petitioner to file an affidavit which amounts to ‘substantial compliance’ with the prescribed format – Whether an affidavit appended with an Election Petition has ‘substantially complied’ with or ‘omitted’ to do so is essentially a question of fact to be determined by juxtaposing the allegations of ‘corrupt practices’ averred in the Election Petition vis-à-vis the contents of the supporting affidavit – Substantial compliance in ordinary terms means, almost, actual compliance with the essence of the enactment, or perhaps, in simpler terms, to do all that is reasonably expected, which satisfies the substance of the Statute – It, however, cannot be inferred to mean mere lip service to the requirements of the law – That being so, although the High Court has concluded that the affidavit ‘substantially complied’ with the proviso to s.83(1)(c), it has not detailed the examination conducted in order to reach such a conclusion. [Para 22]

Keywords: Election Petition · Obligation on the Election Petitioner · Requirement of filing an affidavit · Substantial compliance · Corrected affidavit · Form 25 Affidavit

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Surya Kant, J. Leave granted. 2. The instant appeal revolves around certain procedural and technical requisites, generally ancillary to the filing of election petitions, which are mandated in Section 83 of the Representation of the People Act, 1951 (RP Act). In particular, this matter pertains to the degree of ‘substantial compliance’ with the prescribed Form 25 affidavit, as encapsulated in the proviso to Section 83(1)(c) of the RP Act read with Rule 94-A of the Conduct of Elections Rules, 1961. A. Facts 3. Before we foray into analysing the legal aspects involved in dissecting
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