Legal update
Published
13 Sept 2026
Source date
1 Sept 2026
Defects in Form-25 do not render entire election petition non-maintainable: Supreme Court
Why it matters
The Supreme Court held that while defects in Form-25 may bar corrupt-practice allegations, they do not render an entire election petition non-maintainable. The Court also clarified that Section 81(3) of the Representation of the People Act, 1951 does not mandate a specific form of attestation, allowing varying endorsements if they convey the same meaning.
Key points
- Defects in Form-25 may bar corrupt-practice allegations without making the entire election petition non-maintainable.
- Section 81(3) of the Representation of the People Act, 1951 does not prescribe any particular form of attestation.
- Different forms of endorsements are sufficient under Section 81(3) so long as they convey the same meaning.
What changed
Clarified that defects in Form-25 do not result in total dismissal of an election petition, and no rigid format of attestation is required under Section 81(3) of the Act.
Who it affects
Election petitioners, respondents, and legal practitioners dealing with election disputes under the Representation of the People Act, 1951.
Jurisdiction
Supreme Court of India
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