M. KARUNANIDHI ETC. versus H.V. HANDE & ORS. ETC.

M. KARUNANIDHI ETC. versus H.V. HANDE & ORS. ETC.

Non-supply of an integral pleading (photograph of the fancy banner) with copy of election petition served on appellant amounts to non-compliance with s.81(3), warranting summary dismissal under s.86(1) of Representation of the People Act, 1951. Security deposit procedure substantially complied with; deposit via Reserve Bank and pre-receipted challan constituted due compliance.

Parties
Appellant: M. Karunanidhi; Respondent: H.V. Hande; Respondent: Respondent No. 10; Intervener: Intervener; Petitioner: Petitioner (SLP Civil No. 1580/1981); Respondent: Respondent No. 1 (SLP Civil No. 1580/1981); Respondent: Respondent No. 2 (SLP Civil No. 1580/1981); Petitioner: Petitioner (SLP Civil No. 5178/1981); Respondent: Respondent (SLP Civil No. 5178/1981)
Jurisdiction
India
Judgment Date
31 March 1983
Procedural Posture
Civil Appeal by Special Leave and Special Leave Petition / Appeal From Judgments and Orders of Madras High Court on Election Petitions
Outcome
Civil Appeal No. 38/81 partly allowed; all other appeals and special leave petitions dismissed.
Legal Topics
Representation of the People Act 1951, Election Petition Procedure, Mandatory Vs Directory Provisions
Election Law Statutory Interpretation Representation of the People Act 1951 Election Petition Procedure Mandatory Vs Directory Provisions

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Parties

M. Karunanidhi

Appellant

H.V. Hande

Respondent

Respondent No. 10

Respondent

Intervener

Intervener

Petitioner (SLP Civil No. 1580/1981)

Petitioner

Respondent No. 1 (SLP Civil No. 1580/1981)

Respondent

Respondent No. 2 (SLP Civil No. 1580/1981)

Respondent

Petitioner (SLP Civil No. 5178/1981)

Petitioner

Respondent (SLP Civil No. 5178/1981)

Respondent

Procedural Posture

Civil Appeal by Special Leave and Special Leave Petition / Appeal From Judgments and Orders of Madras High Court on Election Petitions

Legal Issues

  1. 1 Whether the deposit of security for costs under s.117(1) Representation of the People Act, 1951 is mandatory and requires strict compliance
  2. 2 Whether non-attachment of photograph (integral part of pleadings) to election petition copy served constitutes non-compliance with s.81(3)
  3. 3 Interpretation of Madras High Court Election Petitions Rules, 1967 r.8 and r.12

Ratio Decidendi

Non-supply of an integral pleading (photograph of the fancy banner) with copy of election petition served on appellant amounts to non-compliance with s.81(3), warranting summary dismissal under s.86(1) of Representation of the People Act, 1951. Security deposit procedure substantially complied with; deposit via Reserve Bank and pre-receipted challan constituted due compliance.

Court Disposition

Civil Appeal No. 38/81 partly allowed; all other appeals and special leave petitions dismissed.

Orders

  • Judgment of High Court regarding compliance with s.117(1) upheld.
  • Judgment of High Court on photograph supply (s.81(3)) set aside; election petition dismissed summarily under s.86(1).