SATYA NARAIN. versus DHUJA RAM AND OTHERS

SATYA NARAIN. versus DHUJA RAM AND OTHERS

Section 81(3) of the Representation of the People Act, 1951 is a peremptory (mandatory) provision; total non-compliance with it, including failure to file the requisite number of spare copies of the election petition within the period of limitation, entails dismissal of the election petition under section 86(1) of the Act. High Court Rules cannot override the statutory limitation set by the Act.

Parties
Appellant: Satya Narain; Respondent No. 1: Dhuja Ram; Respondents: Other Contesting Respondents (unspecified)
Jurisdiction
India
Judgment Date
21 December 1973
Procedural Posture
Civil Appeal / Appeal From the Judgment of the Punjab and Haryana High Court in Election Petition No. 2 of 1972
Outcome
Appeal dismissed
Legal Topics
Representation of the People Act, 1951, Statutory Interpretation, Mandatory and Directory Provisions
Election Law Constitutional Law Representation of the People Act, 1951 Statutory Interpretation Mandatory and Directory Provisions

Case Brief

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Parties

Satya Narain

Appellant

Dhuja Ram

Respondent No. 1

Other Contesting Respondents (unspecified)

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment of the Punjab and Haryana High Court in Election Petition No. 2 of 1972

Legal Issues

  1. 1 Whether section 81(3) of the Representation of the People Act, 1951 is mandatory or directory
  2. 2 Effect of non-filing of requisite number of copies of the election petition within the period of limitation

Ratio Decidendi

Section 81(3) of the Representation of the People Act, 1951 is a peremptory (mandatory) provision; total non-compliance with it, including failure to file the requisite number of spare copies of the election petition within the period of limitation, entails dismissal of the election petition under section 86(1) of the Act. High Court Rules cannot override the statutory limitation set by the Act.

Court Disposition

Appeal dismissed

Orders

  • Election petition stands dismissed with costs.