Case: Regu Mahesh @ Regu Maheswar Rao Vs. Rajendra Pratap Bhanj Dev

the averments made in paras 1 to 17 of the petition have been staged to be true to the personal knowledge of the petitioner and in the next breath the very same averments have been stated to be based on the information of the petitioner and believed by him to be true. The source of information is not disclosed. As observed by this Court in Singoras case (supra) the object of requiring verification of an election petition is to clearly fix the responsibility for the averments and allegations in the petition on the person signing the verification and at the same time, discouraging wild and irresponsible allegations unsupported by facts. However, the defect of verification is not fatal to the petition, it can be cured (See Murarka Radhey Shyam Ram Kumar vs. Roop Singh Rathore (AIR 1964 SC 1545 and A.S. Subbaraj vs. M. Muthiah (5 ELR 21). In the present case the defect in verification was pointed out by raising a plea in that regard in the written statement. The objection was pressed and pursued by arguing the same before the Court. However, the petitioner persisted in pursuing the petition without proper verification which the petitioner should not have been permitted to do. In our opinion, unless the defect in verification was rectified, the petition could not have been tried." (Underlined for emphasis) 15. The case at hand has great similarly with the decision in R.P. Moiduttys case (supra). Not only defects in the verification/affidavit were pointed out, but they were pressed into service seeking dismissal of the election petition. The appellant stated in his reply that he was filing separate petition with permission for leave of the High Court for amending the verification. But that was not done and the appellant continued to stick to his stand that since corrupt practice was not alleged, there is no need for making any amendment. The importance of verification has been noted by this Court in several decisions. In Virendra Kumar Saklecha vs. Jagjiwan and others, (1972) 1) SC 826) it was noted as under: "The importance of setting out the source of information in affidavits came up for consideration before this Court from time to time. One of the earliest decisions is State of Bombay vs. Purushottam Jog Naik (AIR 1952 SC 317 ) where this Court endorsed the decision of the Calcutta High Court in Padmadbti Dasi vs. Rasik Lal Dhar (ILR 37 Cal. 259) and held that the sources of information should be clearly disclosed. Again in Barium Chemicals Ltd. and Vs. Company Law Board and others (AIR 1967 SC 295 ) this Court deprecated slip shod verifications in an affidavit and reiterated the ruling of this Court in Bombays case (supra) that verification should invariably be modeled on the lines of Order 19, Rule 3 of the Code whether the Code applies in terms or not. Again in A.K.K. Nambiar vs. Union of India and Anr. (1969 (3) SCC 864 ), this Court said that the importance of verification is to test the genuineness and authenticity of allegations and also to make the deponent responsible for allegations.The real importance of setting out the source of information at the time of the presentation of the petition is to give the other side notice of the contemporaneous evidence on which the election petition is based. That will give an opportunity to the other side to test the genuineness and veracity of the source of information. The other point of view is that the election petition will not be able to make any departure from the source or grounds, if there is any embellishment of the case it will be discovered." 16. The Constitution Bench in State of Bombay vs. Purushotham (AIR 1952 SC 317 ) noted as follows: "The verification however states that everything was true to the best of his information and belief. We point this out as slipshod verifications of this type might well in a given case lead to a rejection of the affidavit. Verification should invariably be modeled on the lines of Order 19. Rule 3 of the Civil Procedure Code, whether the Code applies in terms or not. And when the matter deposed to is not based on personal knowledge the source of information should be clearly disclosed. e draw attention to the remarks of Jenkins C.J. and Woodroffe, J, in Padmabati Dasi vs. Rasik Lal Dhar (37 Cal. 259) and endorse the learned Judges observations". 17. An election petition has definite role in the law relating to election of representatives of the people.18. The casual approach of the appellant is not only visible from the manner in which verification was done, but also from the fact that he has mentioned two different districts to which he claims to be belonging. The explanation that the same was given by mistake is too shallow when considered in the background that he is stated to be a practicing advocate. An advocate is supposed to know the importance of verification and the desirability of making statement of correct facts in any petition and more in case of an election petition. An election petition is intended to bring to focus any illegality attached to an election. It essentially and basically puts a question mark on the purity of election, casts doubt on fairness thereof and seeks a declaration that mandate of people has been obtained by questionable means. In a democracy the mandate has sacrosanctity. It is to be respected and not lightly interfered with. When it is contended that the purity of electoral process has been polluted, weighty reasons must be shown and established. The onus on the election petitioner is heavy as he has to substantiate his case by making out a clear case for interference both in the pleadings and in the trial. Any casual, negligent or cavalier approach in such serious and sensitive matter involving great public importance cannot be countenanced or glossed over too liberally as for fun.19. Above being the position, we

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]14. In R.P. Moidutty vs. P.T. Kunju Mohammad and another (2000 (1) SCC 481 ) it was, inter alia, held asthe averments made in paras 1 to 17 of the petition have been staged to be true to the personal knowledge of the petitioner and in the next breath the very same averments have been stated to be based on the information of the petitioner and believed by him to be true. The source of information is not disclosed. As observed by this Court in Singoras case (supra) the object of requiring verification of an election petition is to clearly fix the responsibility for the averments and allegations in the petition on the person signing the verification and at the same time, discouraging wild and irresponsible allegations unsupported by facts. However, the defect of verification is not fatal to the petition, it can be cured (See Murarka Radhey Shyam Ram Kumar vs. Roop Singh Rathore (AIR 1964 SC 1545 and A.S. Subbaraj vs. M. Muthiah (5 ELR 21). In the present case the defect in verification was pointed out by raising a plea in that regard in the written statement. The objection was pressed and pursued by arguing the same before the Court. However, the petitioner persisted in pursuing the petition without proper verification which the petitioner should not have been permitted to do. In our opinion, unless the defect in verification was rectified, the petition could not have been tried.The case at hand has great similarly with the decision in R.P. Moiduttys case (supra). Not only defects in the verification/affidavit were pointed out, but they were pressed into service seeking dismissal of the election petition. The appellant stated in his reply that he was filing separate petition with permission for leave of the High Court for amending the verification. But that was not done and the appellant continued to stick to his stand that since corrupt practice was not alleged, there is no need for making any amendment.18. The casual approach of the appellant is not only visible from the manner in which verification was done, but also from the fact that he has mentioned two different districts to which he claims to be belonging. The explanation that the same was given by mistake is too shallow when considered in the background that he is stated to be a practicing advocate. An advocate is supposed to know the importance of verification and the desirability of making statement of correct facts in any petition and more in case of an election petition. An election petition is intended to bring to focus any illegality attached to an election. It essentially and basically puts a question mark on the purity of election, casts doubt on fairness thereof and seeks a declaration that mandate of people has been obtained by questionable means. In a democracy the mandate has sacrosanctity. It is to be respected and not lightly interfered with. When it is contended that the purity of electoral process has been polluted, weighty reasons must be shown and established. The onus on the election petitioner is heavy as he has to substantiate his case by making out a clear case for interference both in the pleadings and in the trial. Any casual, negligent or cavalier approach in such serious and sensitive matter involving great public importance cannot be countenanced or glossed over too liberally as for fun.19. Above being the position, we find no reason to interfere with the impugned judgment dismissing the election petition; though we have not approved or affirmed some of the reasons for conclusion arrived at by the High Court,