HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7614 OF 2009 ORDER: The unsuccessful petitioner in Election O.P.No.10 of 2006 on the file of the learned Principal Junior Civil Judge-cum-Election Tribunal, Kurnool, is before this Court aggrieved by the order dated 19.02.2009 passed therein dismissing the Election O.P. 2. Perusal of the order under challenge reflects that the Election Tribunal was of the opinion that the petitioner had to file an affidavit containing the alleged irregularity committed by the election authority in the election process along with proper verification. Holding that the failure of the petitioner in filing such an affidavit with proper verification was fatal to his case, the Election Tribunal dismissed the Election O.P. 2. In Penumatcha Jaya Rao vs Paidipamula Nehru[1], this Court held that the election petition must contain a concise statement of material facts and the entire evidence in support thereof is not required to be set up. This Court further observed that it is well settled that an election petition should not be rejected at the threshold on the slightest pretext of one kind or the other, which may or may not have any material bearing on the factors to be strictly adhered to in such matters. This Court held that it is substance and not form which would matter and in the absence of any form or affidavit prescribed for verification under the Rules, what is required is verification as per the petitioner’s knowledge and information believed to be true which would be sufficient. 3. Similarly, in Kota Hariprasad Vs Legadapati Venkataiah[2], a Division Bench of this Court held that a defect in the verification is a curable defect and would not be fatal to the Election Petition. In the light of the aforestated legal position, the opinion of the Election Tribunal that the petitioner had to file an affidavit in a particular format along with verification cannot be countenanced. The Election Tribunal failed to note that it is the substance and not the form which is of importance. Overlooking the judgments of this Court, the Election Tribunal erred in rejecting the Election O.P on purely technical grounds without looking to the heart of the matter. The order dated 19.02.2009 passed by the Principal Junior Civil Judge-cum- Election Tribunal, Kurnool, in Election O.P.No.10 of 2006 is accordingly set aside and the matter is remitted for consideration afresh in keeping with the judgments of this Court aforestated. The Election Tribunal shall endeavour to dispose of the Election O.P expeditiously in accordance with law, if the cause still survives. 4. The writ petition is allowed. Miscellaneous petitions filed in this writ petition are dismissed as infructuous in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J July 13, 2011 SP HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7614 OF 2009 July 13, 2011 SP [1] 2003 (3) ALD 26 [2] 2004 (5) ALD 133