Supreme Court · 2025 INSC 1017 · Decided 22 August 2025
Tankadhar Tripathy v. Dipali Das
- Court
- Supreme Court of India
- Citation
- 2025 INSC 1017 · [2025] 8 S.C.R. 1137
- Case number
- CIVIL APPEAL No. 11017/2025
- Decided
- 22 August 2025
- Bench
- SURYA KANT, JOYMALYA BAGCHI (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC; Representation of the People Act Section 83(1)(c), 80, 83
Headnote
Whether non-compliance with the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is a fatal defect, rendering the Election Petition non-maintainable at the threshold. Representation of the People Act, 1951 - s.83(1)(c) Code of Civil Procedure, 1908 - Or. VII, r.11 - Whether the requirement of filing an affidavit under the proviso to s.83(1)(c) of the RP Act is of a mandatory character: Held: This Court has underscored that the requirement of filing an affidavit under the proviso to s.83(1)(c)
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