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Supreme Court of India 2025-08-22 remanded

Tankadhar Tripathy vs Dipali Das

Bench: 2 — Surya Kant, Joymalya Bagchi

In Brief

A BJP MLA's election victory was challenged in an election petition alleging corrupt practices and EVM discrepancies. The MLA objected to the petition's maintainability, claiming the respondent failed to file the required Form 25 affidavit in the prescribed format. The Odisha High Court dismissed his objection, allowing time to cure defects. The Supreme Court held that while Form 25 affidavits are required when alleging corrupt practices, strict compliance is not mandatory—substantial compliance suffices. The Court remanded the case, directing the High Court to identify defects, assess cureability, and clarify whether supplementary affidavits could be filed beyond the limitation period.

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Election Law Representation of the People Act Civil Procedure Election Petition Form 25 Affidavit Substantial Compliance Procedural Defects

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