SAHODRABAI RAI versus RAM SINGH AHARWAR

SAHODRABAI RAI versus RAM SINGH AHARWAR

Since the election petition itself incorporated the entire pamphlet in English translation, this sufficed to meet service requirements under s. 81(3); the pamphlet in original was only evidence, not an integral annexure of averment, and thus its absence from the served copy was not fatal. The High Court's contrary view was erroneous.

Parties
Appellant: Sahodrabai Rai; Respondent No. 1: Ram Singh Aharwar
Jurisdiction
India
Judgment Date
02 February 1968
Procedural Posture
Civil Appeal / Appeal From Order of Dismissal of Election Petition by Madhya Pradesh High Court
Outcome
Appeal allowed; order of dismissal set aside; case remanded to High Court for trial from that stage.
Legal Topics
Service of Annexures to Election Petition, Interpretation of Representation of the People Act, 1951 S. 81, S. 83, S. 86, Requirements for Service of Documents With Election Petition
Election Law Service of Annexures to Election Petition Interpretation of Representation of the People Act, 1951 S. 81, S. 83, S. 86 Requirements for Service of Documents With Election Petition

Case Brief

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Parties

Sahodrabai Rai

Appellant

Ram Singh Aharwar

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Order of Dismissal of Election Petition by Madhya Pradesh High Court

Legal Issues

  1. 1 Whether failure to annex a pamphlet (Annexure 'A') to the copy of the election petition served on the respondent requires dismissal of the election petition under s. 86 of the Representation of the People Act, 1951
  2. 2 Whether service of a translation of the annexed pamphlet suffices when the translation is incorporated into the body of the election petition

Ratio Decidendi

Since the election petition itself incorporated the entire pamphlet in English translation, this sufficed to meet service requirements under s. 81(3); the pamphlet in original was only evidence, not an integral annexure of averment, and thus its absence from the served copy was not fatal. The High Court's contrary view was erroneous.

Court Disposition

Appeal allowed; order of dismissal set aside; case remanded to High Court for trial from that stage.

Orders

  • Order of Madhya Pradesh High Court dated September 21, 1967 set aside.
  • Election petition restored and remanded for trial from the stage reached.