Corrupt practice pleadings and mandatory affidavit requirements must be strictly satisfied before an election bribery charge can proceed.

An election petition alleging corrupt practice under Section 123(4) of the Representation of the People Act, 1951 must plead full material facts, including publication by the returned candidate, agent, or a person acting with consent, and falsity of the statement with the requisite belief element; the omission of these essential averments goes to the root of the charge. An allegation of bribery under Section 123(1)(A)(b) also requires compliance with the mandatory affidavit requirement under Section 83(1), including disclosure of the source of information. In the absence of proper pleadings and affidavit support, no issue could be framed for trial and the petition was liable to dismissal at the threshold.

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Issues: Whether the election petition disclosed the essential averments for corrupt practice under Section 123(4) of the Representation of the People Act, 1951; and whether the allegation of bribery under Section 123(1)(A)(b) could be tried in the absence of the affidavit required by Section 83(1) of the Act.

Analysis: The pleadings concerning Section 123(4) did not contain the necessary averments that the statement complained of was published by the returned candidate, his agent, or another person with consent, and that the statement was false and believed to be false or not believed to be true. The omission went to the root of the charge, because a corrupt practice must be pleaded with full material facts and particulars before evidence can be led. As to the allegation under Section 123(1)(A)(b), the election petition was not supported by a proper affidavit in the prescribed form and did not disclose the source of information for that charge. The statutory requirement under Section 83(1) is mandatory, and in its absence no issue on bribery could be framed for trial.

Conclusion: The election petition was liable to be dismissed at the threshold for want of necessary pleadings and the mandatory supporting affidavit; the challenge to the election failed.

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