Filing Of Affidavit Under Section 83(1)(c) Proviso of Representation of People Act Not Mandatory Requirement ; Substantial Compliance Sufficent: Supreme Court

 The Supreme Court held that the requirement to file an affidavit under the proviso to Section 83(1)(c) of Representation of People Act is not mandatory. 

"It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit", the bench of CJI DY Chandrachud and Justice PS Narasimha observed.

In this case, the Appellant is the returned candidate to the XII Manipur Legislative Assembly and an election petition was filed challenging the election. The Appellant moved two applications under Order 7 Rule 11 read with Section 151 of the CPC and under Section 86 of the Act seeking dismissal of the election petition on various grounds. This applications were rejected by the High Court. 

In appeal, the appellant contended that the election petition must fail for not filing the additional affidavit in support of the allegation of corrupt practice. It was contended that the proviso to Section 83(1)(c) requires that in cases of corrupt practice, “the petition shall also be accompanied by an affidavit”.

The court noted that as per Section 83(1)(c), in cases where the petitioner alleges any corrupt practice, the election petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. Referring to earlier judgments, the bench observed:

"The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit."

The court noted that, in the instant case, the election petition contained an affidavit in which the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge.

Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c) of the Act, the court said while dismissing the appeal.

Thangjam Arunkumar vs Yumkham Erabot Singh -2023 LiveLaw (SC) 705 - 2023 INSC 762

Representation of People Act, 1951 ; Section 83(1)(c) - The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit - In this case, the election petition contained an affidavit in which the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge. Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c). (Para 14-15)

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