Hon’ble Justice J. Chelameswar on Election Petitions II

The question whether an election petition challenging the election of a returned candidate on the ground of corrupt practice is required to be accompanied either by one affidavit or two affidavits in view of the insertion of clause (4) of Rule 15 of Order VI, fell for consideration of this Court in P.A. Mohammed Riyas v. M.K. Raghavan & Others, (2012) 5 SCC 511.

Subsequently, the same question again fell for consideration before a Larger Bench of this Court in G.M. Siddeshwar v. Prasanna Kumar, (2013) 4 SCC 776. The Court disapproved the view taken in Mohammed Riyas case.

In our opinion, there is no such mandate in the Representation of the People Act, 1951 and a reading of P.A. Mohammed Riyas v. M.K. Raghavan which suggests to the contrary, does not lay down correct law to this limited extent. 

[Filing of two affidavits is a requirement that “does not exist”, “is not necessary” and “is not warranted” by the Act.]

Election is a politically sacred event and an election dispute is too serious a matter to be dealt with casually.”

Ajay Arjun Singh v. Sharadendu Tiwari, [Civil Appeal No. 2697 of 2016].

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