Topic
The Supreme Court held that a private complaint under Section 200 CrPC for a false affidavit under Section 125-A of the Representation of People Act is maintainable without Election Commission sanction under Section 195(1) CrPC. This expands voters’ remedy beyond election petitions.
The Supreme Court ruled that missing notarisation on Form-25 and rubber-stamp attestations do not automatically invalidate an election petition under Section 86 of the Representation of People Act. Such procedural defects are therefore not grounds for peremptory dismissal, safeguarding the petitioner’s right to contest the election result.
The High Court has ruled that Section 82 of the Representation of the People Act, 1951, strictly limits parties to an election petition to contesting or returned candidates only. Non-candidate officials-even those accused of corrupt practices-cannot be joined as respondents, reinforcing that election petitions are not civil suits and must adhere to statutory exclusivity. This sharpens the boundaries of accountability in electoral disputes and impacts how petitioners structure their claims.
Bombay High Court reaffirms that failure to deposit security for costs under Section 117 of the Representation of the People Act at the time of filing an election petition is fatal, dismissing the petition outright. The ruling underscores strict adherence to procedural timelines, impacting election dispute litigants who risk dismissal for non-compliance.