BADRUDDIN QURESHI Vs. PREM PRAKASH PANDEY

JUDGEMENT

(1.) The Court dismissed the Election Petition on the ground that Form 25 (C) furnished by the petitioner was not verified by a Notary. The basis of the judgment appears to be an observation made in the judgment of this Court in the case of Dr. (Smt. ) Shirpa v. Shanti Lal Khoiwal, AIR 1996 SC 1691 : (1996 AIR SCW 1772). It was a judgment delivered by a bench of three judges of this Court. Mr. Justice Rama-swamy, of the report) observed :

(2.) It appears from that judgment the observation "verification by a Notary or any other prescribed authority is a vital act" was inadvertently made because the rest of the paragraph quoted above makes it clear that the application has to be made by the party before the Notary. No affirmation or verification is required to be made by the Notary himself. This position was made clear in the concurrent judgment of Bharucha, J. where it was observed :

(3.) Mr. Justice Paripoornan also wrote a separate judgment in which he held that :