Case Note & Summary
The case involved an election petition filed by Dharampal Yadav challenging the election of Mulayam Singh Yadav for the 9 Sambhal Parliamentary Constituency, which was held on 22nd February 1998. The election results were declared on 3rd March 1998, with Mulayam Singh Yadav declared elected. The first respondent filed an election petition on 17th April 1998, alleging corrupt practices including booth capturing and violence. The petition included 25 Schedules, with Schedule 14 specifically referring to a video cassette containing evidence of the alleged corrupt practices. The appellant raised preliminary objections regarding the maintainability of the election petition, arguing that the original video cassette was not filed along with the petition, which was required under the Representation of the People Act, 1951. The court analyzed whether Schedule 14 was an integral part of the election petition and concluded that it was essential for the completeness of the petition. The court found that the failure to file the original video cassette constituted a non-compliance with the statutory requirements, leading to the dismissal of the election petition. Consequently, the appeals were allowed, and the previous judgment was set aside, with costs awarded to the appellant. The related civil appeal was dismissed as it no longer survived for consideration.
Headnote
A) Election Law - Election Petition - Integral Part of Election Petition - Representation of the People Act, 1951, Sections 81, 83, 86 - The court held that the video cassette mentioned in Schedule 14 is an integral part of the election petition and should have been filed in court along with copies for service upon the respondents. The failure to file the original video cassette rendered the election petition incomplete, leading to its dismissal under Section 86(1) (Paras 1-5).
Issue of Consideration
Whether Schedule 14 and the video cassette therein referred to is an integral part of the election petition and whether the failure to file the original thereof in court along with the election petition attracts Section 81 and Section 86(1) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeals, set aside the judgment and orders under challenge, and dismissed the election petition due to non-compliance with the requirements of the Representation of the People Act, 1951. The first respondent was ordered to pay costs to the appellant.
Law Points
- Election petition
- Schedule 14
- video cassette evidence
- Representation of the People Act
- 1951
- Section 81
- Section 83
- Section 86
