Election Petition Cannot Be Rejected Under Order VII Rule 11 CPC Merely Due to Defects in Accompanying Affidavit: Uttarakhand High Court

The Uttarakhand High Court has held that the requirement of filing an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is not mandatory in a strict sense and substantial compliance with the legal requirement is sufficient. The Court further ruled that any defect in such an affidavit is curable and the election petitioner can be granted an opportunity to rectify the defect. The…