Case Note & Summary
The dispute arose from an election petition filed by the respondent challenging the election of the appellant to the Uttar Pradesh Legislative Assembly. The election petition was filed on July 15, 1980, following the election results declared on June 1, 1980. The appellant contested the validity of the petition, arguing that the copy served was not a true and exact copy as required by Section 81(3) of the Representation of the People Act, 1951. The High Court had previously ruled that the respondent had filed correct copies and dismissed the appellant's application to reject the petition. The Supreme Court analyzed the provisions of Section 81(3) and Section 86, emphasizing that every copy of the election petition must be a true and exact copy. The court found that the respondent failed to prove that the correct copies were served to the appellant, leading to the conclusion that the election petition was invalid. The court also addressed the issue of amendments, stating that allowing amendments that bypass mandatory provisions would defeat the purpose of the law. Ultimately, the Supreme Court dismissed the election petitions in limine under Section 86, setting aside the High Court's judgment and emphasizing the importance of strict compliance with procedural requirements in election law.
Headnote
A) Election Law - Service of Election Petition - Requirement of True Copy - Every copy of the election petition must be a true and exact copy as per Section 81(3) of the Representation of the People Act, 1951. The court held that failure to comply with this requirement results in dismissal of the election petition under Section 86, as the respondent did not prove that correct copies were served. (Paras 28-30) B) Election Law - Amendment of Election Petition - Permissibility of Amendment - The court ruled that amendments cannot be allowed if they defeat the mandatory provisions of Section 81(3) of the Representation of the People Act, 1951. The High Court's allowance of amendments was deemed erroneous as it undermined the object of the law. (Paras 27-30)
Issue of Consideration
Whether the election petition was validly served and if amendments could be allowed under the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment, and dismissed the election petitions in limine under Section 86 of the Representation of the People Act, 1951, with no order as to costs.
Law Points
- Election petition
- true copy requirement
- mandatory provisions
- dismissal in limine
- amendment of election petition
