AIR 2012 SUPREME COURT 2784 ::2012 AIR SCW 2685 ::(2012) 1 CLR 996 (SC) ::2012 (1) CLR 996 ::2012 (5) SCC 511 ::2012 (4) Scale 618 ::AIR 2012 SC (Civil) 1482 ::2012 (2) CurCC 194 ::(2012) 4 AllMR 447 (SC) ::2012 (93) All LR 448 ::(2012) 5 Mad LJ 637 ::2012 (2) Ker LT 567 ::(2012) 4 JCR 103 (SC) ::(2012) 4 KCCR 214 ::(2012) 114 AllIndCas 104 (SC)

Supreme Court Of India

Hon'ble Judge(s): Altamas Kabir, J. Chelameshwar , JJ

(A) Representation of The People Act (43 of 1950) , S.83, S.86— Election petition - Contents - Petition alleging corrupt practice - Not verified in manner specified in O. 6 R. 17 Civil P. C. - Allegations as to corrupt practice employed by respondent made in body of petition - Cannot be considered in absence of proper verification - Petition thus does not disclose complete cause of action - Liable to be dismissed. (Para 24) (B) Representation of The People Act (43 of 1950) , S.83(1) Proviso— Conduct of Election Rules (1961) , R.94— Election petition - Contents - Petition alleging corrupt practice - Ought to be accompanied by two affidavits one under O. 6 R. 15 Civil P. C. and other in Form 25 - Plea that despite provision of S. 83 (1) proviso single affidavit would suffice - Not tenable. (Para 25) (C) Representation of The People Act (43 of 1950) , S.86, S.83— Election petition - Lacking in proper verification - Can be dismissed under S. 86. The consequences of S. 86 of the 1951 Act come into play immediately in view of sub-section (1) which relates to trial of Election Petitions and provides that the High Court shall dismiss the Election P....