Non-compliance with the mandatory provisions of Section 81(3) of the Representation of the People Act, 1951, which requires the filing of copies of the election petition, renders the petition liable to be dismissed under Section 86(1) of the Act.

( 1 ) THIS is an election petition under Ss. 80 and 81, Representation of the People Act, 1951 (the Act) read with S. 9, Delhi Administration Act, 1960. The petitioner has challenged the election of respondent No, 1 to the Metropolitan Council from R. K. Ruram, Constituency, No. 12.

( 2 ) THESE are the facts. Election was held in the R. K. Purak, constituency on 5-2- 1983. The petitioner was a candidate. So was respondent No. 1. On 6-2-1983 counting took place. The result was declared on the same date. Respondent 1 was declared as a successful candidate.

( 3 ) NOW an election petition under Sections 80 and 81 has to be filed within 45 days from the date of election of the returned candidate. This period of 45 days expired on 23-3-1983. Before the expiry of 45 days, the present petition was filed on 24-2-1983. But what happened is this, that though the election petition was filed, the petitioner did not comply with the provisions of S. 81 (3) of the Act. He did not file copies of the election petition in accordance with the requirement of sub-section (3) of Section 81. In fact he did not file any copies with the election petition.

( 4 ) THE office of the High Court raised an objection on 20-4-1983. The objection says "notices could not be issued for want of copies of petition and, the process fee was returned". It appears that on the next day the petitioner filed copies. On 22-4-1983 notices were issued, to the respondents.

( 5 ) RESPONDENT 1 has raised a preliminary objection that the petitioner has not complied with the provisions of Section 81 of the Act and, therefore, the petition is liable to be dismissed on that short ground. On 2-8-1983 I framed the following issue on this objection :- Whether the petitioner has complied with the provisions of Section 81, Representation of the People Act, 1951 ? If not, what is its effect?

( 6 ) MR. Saxena, oh behalf of the petitioner, says that what is required is a substantial compliance of Section 81 and not a literal compliance. He has argued that on the objection being raised by the High Court Office he complied with the provisions of Section 81 (3) of the Act. Copies, he says, were filed on 20-4-1983 and notices Were issued on 22-4-1983. This, according to him, is enough compliance and, therefore, there is no case for total non-compliance of the provisions which alone, according to him, would entail the dismissal of the petition. In this connection he has REFERRED TO to Rule 7, Election Rules of 1967, framed by this Court. He has also invited-my attention to Bhikha Bhai v. Lal Shankar, AIR 1978 Raj 193.

( 7 ) MR. Bansal, on behalf of respondent 1 says that the provisions of Section 81 (3) are mandatory in character and non-compliance with these provisions makes it incumbent on file Judge to dismiss the petition as required by Section 86 (1) of the Act. He relies on Satya Narain v. Dhuja Ram, AIR 1974 SC. 1185, Sharif-ud-Din v. Abdul Gani, AIR 1980 SC 303 and Ashok Shankar v. Krishna - rao, AIR 1980 Bom 224. 8. Section 81 (3) says : "81 (1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. Section 86 (1) says : "the High Court shall dismiss an election petition which does not comply with the provisions of Section 81 or Section 82 and Section 117. "

( 9 ) ON a conjoint reading of these provisions it appears to me that Section 81 (3) is mandatory and non-compliance with it must result in the dismissal of the election petition. The purpose of enclosing the copies of the election petition for all the respondents is to enable quick despatch of the notice with the contents of the allegations for service on the respondent or respondents so that there is no delay in the trial at this very initial stage when the election petition is presented

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