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Supreme Court of India 2021-12-13 allowed

A. Manju vs Prajwal Revanna @ Prajwal R. & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

A. Manju, a 2019 parliamentary election candidate, filed an election petition challenging Prajwal Revanna's election from Hassan. The High Court dismissed the petition at the threshold, finding non-compliance with Form 25 (the prescribed affidavit form for corrupt practice allegations). The Supreme Court held that such non-compliance is a curable defect, not fatal to the petition. While election law is technical, requirements must not be hyper-technically applied. Since the petition contained an affidavit (though not in Form 25) and allegations were clearly stated, the petitioner deserved an opportunity to file the proper form rather than outright dismissal. The Court set aside the High Court's order and allowed the petition to proceed with liberty to file Form 25 within 15 days.

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Election Law Civil Procedure Pleadings and Verification Corruption and Electoral Conduct

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