Case Note & Summary
The petitioner, Shaikh Chandpasha Shaikh Jani, filed an election petition under the Representation of the People Act, 1951, challenging the election of respondent No. 4, Arjun S/o Panditrao Khotkar, from the 101-Jalna Legislative Assembly Constituency. The petition was filed on 20th January 2014. The respondents, particularly respondent No. 4, raised preliminary objections regarding the maintainability of the petition on the ground of non-compliance with Section 81(3) of the Act, which requires that every election petition be accompanied by as many copies thereof as there are respondents, and that each copy be attested by the petitioner under his own signature to be a true copy of the petition. The court examined the copies of the petition served on the respondents and found that the documents annexed to the petition were not true copies; they were illegible, incomplete, or not properly attested. The court held that the defect was of a substantial nature and not curable, as the purpose of Section 81(3) is to ensure that the respondent receives a clear and legible copy of the petition and its annexures to enable a proper defense. Consequently, the court dismissed the election petition for non-compliance with Section 81(3) of the Act.
Headnote
A) Election Law - Election Petition - Dismissal for Non-Compliance - Section 81(3) of Representation of the People Act, 1951 - Requirement of furnishing true copies of documents - The petitioner failed to furnish true copies of the documents annexed to the election petition, which constituted a defect of substantial nature - Held that non-compliance with Section 81(3) renders the petition liable to be dismissed under Section 86(1) of the Act (Paras 1-10).
Issue of Consideration
Whether the election petition is liable to be dismissed for non-compliance with Section 81(3) of the Representation of the People Act, 1951, for failure to furnish true copies of the documents relied upon?
Final Decision
The election petition is dismissed for non-compliance with Section 81(3) of the Representation of the People Act, 1951.
Law Points
- Election petition
- Non-compliance with Section 81(3) of Representation of the People Act
- 1951
- Dismissal for non-compliance
- True copy requirement
- Defect of substantial nature
