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Sycorax Juris   13 January 2018

Validity of affidavit sworn before authority not competent

Petitioner's Affidavit is sworn before authority not competent to administered Oath as per the Act, whether petition is liable to be rejected by itself.



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 9 Replies

Sycorax Juris   13 January 2018

Please let me know.

N.K.Assumi (Advocate)     13 January 2018

The answer is a big fat YES", Petition is liable to be rejected, there are numerous judgments.

Sycorax Juris   13 January 2018

Thanks N.K.Assumi, please post me the Judgments in my mail.

N.K.Assumi (Advocate)     13 January 2018

Posted check ur e-mail.

N.K.Assumi (Advocate)     13 January 2018

Rajesh Singh, she said as per the Act, means the petition under which affidavit was to be filed was specified eg, by JMFC/MM/or Notary or commissioner of Affidavit/Oath commissioner, but oath administered by other authority. 

Sycorax Juris   13 January 2018

Rajesh Singh, it is election petition, which under the act and rules specified the competent authority for attesting affidavit, but it was attested by other authority not mentioned in the acts and rules.

 

Sycorax Juris   13 January 2018

Thanks indeed Assumi N.K., I got the judgments of those High Courts and the Supreme court judgment of 2013.My gratitude in your gmail.

N.K.Assumi (Advocate)     13 January 2018

Shekar Singh Sir, in her case, the principles of law is: when the edict of laws says that a particular act must be done in a particular manner, it should be done in that particular manner and no other act. Administering oath in affidavit without authority of law, the affidavit remains a mere piece of paper.

TGK REDDI   14 January 2018

I agree with Shri N. K. Assumi.      I think the Affidavit is rejected, not the Petition.      I solicit genuine refutals so that I can improve my knowledge.


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