Supreme Court · 2012 INSC 192 · Decided 27 April 2012

P.A. Mohammed Riyas v. M.K. Raghavan & ORS.

Court
Supreme Court of India
Citation
2012 INSC 192 · [2012] 4 S.C.R. 56
Case number
CIVIL APPEAL No. 10262/2010
Decided
27 April 2012
Bench
ALTAMAS KABIR, JASTI CHELAMESWAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Representation of the People Act Section 83(1), 100, 101, 123, 83

Headnote

Representation of the People Act, 1951 - s. 83(1) proviso ands. 81 rlw ss. 100, 101 and 123- Election petition alleging C corrupt practice - Maintainability of - In absence of affidavit in Form 25 as required under s. 83(1) rlw. r. 94A of Conduct of Election Rules - Held: In the absence of proper cause of action cannot be said to be complete - Thus the petition is not maintainable - In a o case where proviso to s. 83(1) was attracted, a single affidavit would not be sufficient and two affidavits would be required one under Or. VI r. 15(4) CPC and the other in Form 25 - Conduct of

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