CH. SUBBARAO versus MEMBER, ELECTION TRIBUNAL, HYDERABAD

CH. SUBBARAO versus MEMBER, ELECTION TRIBUNAL, HYDERABAD

Substantial compliance with s. 81(3) of the Representation of the People Act, 1951 is sufficient for maintainability of an election petition; omission to attest copies as 'true copy' is not a fatal defect provided the copies are true and authentic.

Source-derived case information.

Parties
Respondent: K. Brahmananda Reddy; Respondent: Election Tribunal, Hyderabad; Appellant: Appellant (name not specified in the judgment)
Jurisdiction
India
Judgment Date
13 January 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave Against High Court Judgment in Writ Petition
Outcome
Appeal allowed
Legal Topics
Compliance With Procedural Requirements of Election Petitions, Substantial Compliance Vs. Strict Compliance, Dismissal of Petitions for Procedural Defects
Election Law Constitutional Law Compliance With Procedural Requirements of Election Petitions Substantial Compliance Vs. Strict Compliance Dismissal of Petitions for Procedural Defects

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Parties

K. Brahmananda Reddy

Respondent

Election Tribunal, Hyderabad

Respondent

Appellant (name not specified in the judgment)

Appellant

Procedural Posture

Civil Appeal / Appeal by Special Leave Against High Court Judgment in Writ Petition

Legal Issues

  1. 1 Whether omission to attest copies of election petition as 'true copy' under s. 81(3) of Representation of the People Act, 1951 is fatal to maintainability
  2. 2 Whether substantial compliance with s. 81(3) is sufficient for maintainability

Ratio Decidendi

Substantial compliance with s. 81(3) of the Representation of the People Act, 1951 is sufficient for maintainability of an election petition; omission to attest copies as 'true copy' is not a fatal defect provided the copies are true and authentic.

Court Disposition

Appeal allowed

Orders

  • Order of High Court dismissing the election petition is set aside.
  • Election petition to be heard and disposed of at the earliest convenience.