Election Petition. A defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective.

Posted byrajdakshalegal Leave a comment on Election Petition. A defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective.

Saritha S Nair vs Hibi Eden. Special Leave Petition (Civil) 10678/2020 decided on 9 December 2020.

Judgment Link: https://main.sci.gov.in/supremecourt/2020/4203/4203_2020_31_1501_25128_Judgement_09-Dec-2020.pdf

Relevant para: 43. The upshot of the above discussion is that defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective.

Compiled by S. Basavaraj, Daksha Legal.

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

Leave a comment