Supreme Court Restores Election Petition, Holds Copy Defects Not Fatal When Original is Properly Attested

Case Snapshot

• Case Name: Hafiz Rashid Ahmed Choudhury v. Kripanath Mallah & Ors.

• Citation: 2026 INSC 915

• Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

• Date of Judgment: August 24, 2026

• Area of Law: Election Law, Representation of People Act, 1951

The Judgment in One Line

Defects in attestation of copied Election Petition not fatal when original Form-25 was properly affirmed before Commissioner of Affidavits.

Why This Judgment Matters

This judgment is significant as it clarifies the distinction between defects in copies of an Election Petition and defects in the original petition. The Supreme Court held that when the original affidavit in Form-25 was properly affirmed before a Commissioner of Affidavits, the absence of notarization endorsement in the copy served on the returned candidate does not entail peremptory dismissal of the Election Petition. The Court also clarified that different rubber stamps ("attested to be true copy" vs. "certified to be true copy") conveying the same meaning satisfy Section 81(3) of the RoP Act. The judgment reinforces that substantive compliance, rather than hyper-technicality, should guide the disposal of Election Petitions.

Background

The appellant filed an Election Petition challenging the election of the respondent from the Karimganj Parliamentary Constituency in the 2024 Lok Sabha elections. The respondent filed an application under Section 86 of the Representation of People Act, 1951, seeking dismissal

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