The High Court has the power to frame rules regulating the presentation and trial of election petitions, and such rules are not ultra vires or vitiated unless they are inconsistent with any statutory provisions enacted by the Parliament.

( 1 ) THIS is an application by the respondent under the Representation of the People Act, 1951 (briefly the Act) that the election petition filed by the petitioner be dismissed under Section 86 of the Act for non compliance of the provisions of Section 81 of the Act. The election of the respondent to the Parliament from 50, Ghazipur Parliamentary constituency in which the poll was held on 20/05/1991, has been challenged by the petitioner who also filed his nomination to contest from the aforesaid constituency but his name did not appear in the list of contesting candidates on the ground that his nomination was withdrawn, though according to the petitioner the fact was that he never withdrew his nomination.

( 2 ) IT is contended by the respondent that Section 81 of the Act is mandatory whereunder an election petition may be presented only to the High Court by any candidate or any elector but the instant election petition was presented by the petitioner to the Registrar of the High Court on 15/07/1991. It is averred that the presentation of the election petition to the Registrar under Rule 3, Chapter XV-A of the Allahabad High Court Rules, 1952 (for short, the rules) is not a lawful compliance of the provisions of Section 81 of the Act and, therefore, the same deserves to be dismissed under Section 86 of the Act.

( 3 ) THE question for consideration is whether presentation of the election petition to the Registrar under Rule 3, Chapter XV-A of the Rules is lawful compliance of the provisions of Section 81 and whether the election petition deserves to be dismissed on the literal interpretation of Section 81 that the presentation of an election petition to the Registrar under Rule 3, Chapter XV-A of the Rules is not the presentation to the High Court within the meaning of Section 81 of the Act. The controversy revolves round the interpretation of Section 81 of the Act and of certain other provisions.

( 4 ) THE question as formulated above being virgin in the field of election law appears to be somewhat difficult but interesting.

( 5 ) ARTICLE 329 (b) of the Constitution starting with a non obstante clause directs that notwithstanding anything in this Consitution no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. Section 80 of the Act mandates that no election shall be called in question except by an election petition presented in accordance with the provisions of this Part, meaning thereby Part VI. Section 81 (1) of the Act states that an election petition calling in question any election may be presented on one or more of the grounds specified in Sub-Section (1) of Section 100 and Section 101 to the High Court by any candidate or any elector. Sri Raj Kumar Jain, learned counsel for the respondent submits that in no case can the presentation of an election petition to the Registrar under Rule 3, Chapter XV-A of the Rules be said to be the presentation within the meaning of Section 81 of the Act. His submission is that an election petition can be presented in such manner as may be provided in Part VI of the Act by the appropriate Legislature. The Act of 1951 has been enacted by the Parliament and that does not lay down any manner for presenting an election petition in Part VI. Section 81 of the Act simply says that an election petition may be presented on one or more grounds as specified in Sections 100 and 101 of the Act to the High Court. Neither Article 329 (b) of the Constitution nor do the provisions falling in Part VI of the Act set out any manner for presenting an election petition. Section 81 simply specifies the authority i. e. the High Court whom an election petition may be presented. Section 169 (i) of the Act provides that the Central Government may after consulting the