Section 86 (1) of the Representation of the People Act, 1951 does not require the publication or service of an affidavit accompanying an election petition.

( 1 ) ALTHOUGH arguments in this case have travelled far and wide, the central question that falls for determination is a short and simple one, and may be formulated thus: Whether under Section 86 (1) of the Representation of the People Act, 1951, it is incumbent on the Election Commission to cause a copy of an affidavit accompanying in election petition, to be published in the Official Gazette and to be sewed on the respondent to an election petition, before inferring the petition to an Election Tribunal for trial?

( 2 ) BEFORE answering this question, it is necessary to get out a few preliminary facts which are not in dispute. At the last General Election to the Andhra Pradesh Legislative Assembly held in February, 1962, the petitioner in this writ petition and the 2nd respondent were the contesting candidates for election from the Kodumuru Constituency in Kurnool District. On 25/02/1962, the petitioner was declared to have been elected by a majority of about seven thousand votes. The result of the election was duly notified in the Andhra Pradesh Gazette on 3/03/1962.

( 3 ) ON 11/04/1962, the 2nd respondent presented an election petition (Election Petition No. 180 of 1962) under Section 81 of the Representation of the People Act, 1951--hereinafter called the Act--calling in question the election of the petitioner on various grounds including certain corrupt practices specified therein. The election petition was in the form prescribed by Section 83 of the Act and contained a statement of the material facts on which the 2nd respondent sought to rely as also the particulars of the several corrupt practices alleged to have been committed by the petitioner and the names of the parties involved in them. The petition was signed and verified by the 2nd respondent as required by Section 83 (1) (c) of the Act. Furthermore, as contemplated by the Proviso to Sub-section (1) of Section 83, the petition was accompanied by an affidavit in the prescribed form in support of the allegations of corrupt practices and the particulars thereof.

( 4 ) IN pursuance of the provisions of Sub-section (1) of section 86 of the Act, the Election Commission published a copy of the election petition in the Official Gazette on 27/04/1962 and also caused a copy of the petition to he served on the writ-petitioner, that is to say, the respondent to the election petition. Thereafter, on 31/07/1962 the election petition was referred to the Election Tribunal, Hyderabad -- respondent No. 1 in this writ petition -- for trial. In due course, the writ petitioner filed his written statement, and on the pleadings, the Tribunal framed as many as twenty-two issues on 27/02/1963. Five months thereafter, in July 1963, the petitioner filed an application before the Tribunal (Interlocutory Application No. 20 of 1963) putting forward a fresh plea, challenging the validity of the reference made by the Election Commission and the competence of the Tribunal to proceed with the trial of the election petition upon such reference. The Tribunal framed a new issue as issue No. 23 as follows:"is the reference to the Tribunal by the Election Commission of Election Petition No. 180 of 1962 ultra virus and invalid for the reason that it was not preceded by the fulfilment of the conditions viz. , publication of the affidavit in the Gazette and the service of the affidavit on the respondent. "

( 5 ) AFTER hearing elaborate arguments and after taking note of the fact that the plea was a belated one and but for the fact that it related to the jurisdiction of the Tribunal to hear and dispose of the petition, it would have been summarily rejected, the Tribunal, by a well-reasoned order dated 10/09/1963, dismissed the Interlocutory Application.

( 6 ) THEREAFTER, on 21/10/1963, the present writ petition was filed in this Court on the same grounds as those urged in the application filed before the Tribunal. A rule nisi was issued by this Court on 22/10/1963 and by an ad interim order,