Laxman Bag vs Giriraj Singh Majhi

Ananda Chandra Behera, J

This interlocutory application has arisen out of Election Petition No.12 of 2024.

The Returned Candidate of the Election Petition No.12 of 2024 has filed this I.A. under Section 86 of the Representation of the People Act, 1951 praying for the dismissal of the Election Petition of the Election Petitioner on the ground i.e. for non-compliance of the provisions of Section 81(3) of the R.P. Act, 1951 stating in the I.A. that, though, the Election Petition of the Election Petitioner is based upon the documents i.e. Voter I.D.Card, downloaded copy of Form No.26 affidavit, copies of the R.o.R. downloaded from Bhulekh Website and certified copy of sale deed pertaining to the properties under Khutulumunda Holding No.78/101, Khutulumunda Holding No.26 and Mouza-Jamjhuri, P.S. Belpada, Holding No.54/332, Plot No.548 and the same are the integral parts of the Election Petition, but, the copies thereof have not been supplied with the Election Petition to the Respondent of the Election Petition inconsonance with the Provisions of Section 81(3) of the R.P. Act, 1951. For which, as per law, the copy of the Election Petition supplied to the Respondent (Returned Candidate) is not the true copy of the Election Petition within the meaning of Section 81(3) of the R.P.Act, 1951.

Therefore, the Election Petition of the Election Petitioner is liable to be dismissed as per Section 86(1) of the R.P. Act, 1951 on the ground i.e. for non-supplying the relied documents to the Respondent/Returned Candidate with the Election Petition. Because, the supplying of the same were mandatory being the integral parts of the Election Petition and non-supply of the same is a clear-cut infraction to the mandatory provisions of law.

To which, the Election Petitioner objected stating that, the documents, those have been relied by the Petitioner in the Election Petition, the contents of the said documents have been described in the Election Petition. For which, the said documents are not the integral parts of the Election Petition. Therefore, non-supply of the copies thereof to the Respondent (Returned Candidate) with the Election Petition cannot entail for the dismissal of the Election Petition.

Therefore, on this ground, the Election Petition of the Election Petitioner cannot be dismissed.

I have already heard from the learned counsel for the Respondent in the Election Petition No.12 of 2024 and learned Senior Counsel for the Petitioner in the Election Petition No.12 of 2024.

When, the relied documents shall become the integral parts of the Election Petition has already been clarified in the ratio of the following decisions:-

(i) In a case between Ajay Maken Vrs. Adesh Kumar Gupta and others reported in 116 (2013) CLT SC 130 that,

An annexure to an Election Petition, whose contents is not described in the Election Petition, would become the integral part of the Election Petition.

If an election petition contains annexures or schedules attached to it, whose content is not elaborately described in the body of the Election Petition, such annexures or schedules become an integral part of the election petition.

(ii) In a case between Manohar Joshi Vrs. Nitin Bhaurao Patil and another reported in (1996) (1) SCC 169 that,

Non-compliance of Section 83 of the R.P. Act, 1951 is not specified as a ground for dismissal of the Election Petition under Section 86 of the R.P. Act, 1951.

(iii) In a case between Sardar Harcharan Singh Brar Vrs. Sukh Darshan Singh and others reported in (2004) 11 SCC 196 that,

if, the Court feels that, the particulars as given in the election petition are deficient in any manner, the Petitioner can be directed to supply the particulars and make the deficiency good.

Such deficiency cannot be a ground of dismissing the petition at the threshold.

(iv) In a case between K.Babu Vrs. M.Swaraj and another reported in 2024 (2) CLJ 501 SC Para 11 that,

Non-compliance with the requirements of Section 83 of the R.P. Act, 1951 is not fatal. Because, Section 86(1) of the R.P. Act speaks only non-compliance with Sections 81, 82 and 117 to be basis for dismissal of Election petition, because, defects or non-compliance of Section 83 are curable defects.

The main object/purpose of Section 81(3) of the R.P. Act, 1951 is to put Returned Candidate on notice of various allegations alleged against him in order to enable him to defend effectively. The said provision is flowing from the requirements of one of the basic postulates of the principles of natural justice.

Here, in this matter at hand, when, in the Election Petition of the Election Petitioner, he has described the contents of the relied documents in the body of the Election Petition, upon which, he has based his prayers against the Respondent (Returned Candidate), then at this juncture, in view of the propositions of law enunciated in the ratio of the aforesaid decisions, such documents and Annexures are not the integral parts of the Election Petition.

Therefore, service of the copies thereof to the respondent of the Election Petition with the Election Petition were not mandatory under law.

That apart, non-compliance of the Provisions of Section 81(3) of the R.P. Act, 1951 cannot be a ground for dismissal of the Election Petition as per Section 86 (1) of the R.P. Act, 1951.

As per the discussions and observations made above, when it is held that, the Election Petition of the Election Petitioner is not liable for its dismissal as per Section 86(1) of the R.P. Act, 1951, then at this juncture, this I.A. filed by the Respondent (Returned Candidate in Election Petition No.12 of 2024) cannot be allowed.

For which, the same is liable to be dismissed.

In result, this I.A. filed by the Petitioner (Respondent in the Election Petition No.12 of 2024) is dismissed on contest.

As such, this I.A. No.36 of 2025 filed by the Petitioner (respondent in the Election Petition No.12 of 2024) is disposed of finally.