- (1.) This appeal is directed against the order dated 6.12.2006 passed by the learned Single Judge of the Kerala High Court whereby the learned Single Judge has rejected the election petition filed by the appellant on the preliminary objection raised by the respondent that affidavit in form No.25 was not affirmed, as such the affirmation was not duly certified as per law nor did it disclose its source of information. It was also observed that despite the fact that objections were taken and the defects could have been cured, no steps were taken to remove these defects. Hence, learned Single Judge dismissed the election petition as it was not properly affirmed as under Sections 83 & 85 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act of 1951) read with Rule 94A of the Conduct of Election Rules, 1961 (hereinafter to be referred to as the Rules of 1961).
(2.) Brief facts which are necessary for disposal of this appeal are that an election was held on 29.4.2006 to the Kerala Legislative Assembly from No.67 Kodungalloor Assembly Constituency. It was alleged in the election petition filed by the appellant that the election be declared void on the ground of corrupt practice committed either by the respondent's election agent or by some other person with the consent of the respondent or his election agent. The election petition was registered and notice was issued. The respondent was the elected candidate and he raised a preliminary objection on the maintainability of the election petition. The preliminary objections were that the affidavit in Form 25 was not affirmed, as such, the affirmation was not duly certified; the verification of the election petition was defective; the sources of information as regards the allegations of corrupt practices of which the appellant did not have personal knowledge; the allegations in the election petition were vague and lacked pleadings as regards the material particulars. It was contended by the petitioner/ appellant (herein) that there were no illegality in the verification nor the affidavit in form No.25 was defective. It was submitted that the accusations were specific and they were not vague and the facts mentioned in the election petition were duly sworn by proper affidavit.
(3.) The first preliminary objection was upheld by learned Single Judge that the affidavit which has been filed along with the election petition was not duly verified and the affidavit was not in the form as required under Form No.25 nor was it inconformity with Section 83 of the Act of 1951. Secondly, the verification of the election petition was not in the manner which is required under the Code of Civil Procedure, 1908 (hereinafter to be referred to as CPC). Section 83 of the Act of 1951 states what are the contents of the election petition. Section 83 reads as under: " 83. Contents of petition.- (1) An election petition - (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings : Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition." As per Section 83, a concise statement of material facts should be given in the petition and if the allegations are of corrupt practice then the a full statement, as far as possible, all names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice has to be disclosed and it shall be signed by the petitioner and verified in the manner laid down in the CPC for verification of the pleadings . It further provided that where the allegations are of corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof in Form No.25.;