Strict compliance with the mandatory provisions of the Representation of the People Act, 1951, is required for the presentation of election petitions and the deposit of security for costs.

( 1 ) BY means of the present election petition, the petitioner has challenged the election to Legislative Assembly Constituency No. Dehradun-14 and to quash the entire election process of the respondent nos. 7 to 19 on the ground of invalidity of their nomination forms and to declare the petitioner to have been elected to the said election unopposed.

( 2 ) THE petitioner has further challenged the election of the respondent No. 7 as chairman of the Uttrakhand Legislative Assembly to be declared as illegal.

( 3 ) ADMITTEDLY, the election to the State legislative Assembly was notified in the Official Gazette on 25th January, 2007. The petitioner has alleged that in the legislative assembly constituency No. 14-Dehradun, the respondent No. 7 Harbans Kapoor was declared to have been elected after the counting of votes on 27-2-2007. Disappointed, the petitioner has sent the present petition to this Court by speed post.

( 4 ) ON receipt of the election petition to this Court, the following defects were noted by the Stamp Reporter on the back of the petition :-

1]. This petition has been received by post. 2]. The petitioner is not present himself before the Registrar General. 3]. This petition is in Hindi language and the petition is not in prescribed proforma. 4]. Tender of Rs. 2,000/- has not been annexed in petition. 5]. Signature of petitioner has not been identified by any learned counsel. 6]. Presentation form has not been enclosed in petition. 7]. Paging of petition has not been made. 8]. Copies of petition have not been received in such a number as the opposite parties are. 9]. Process fee and charges not deposited by the petitioner as per rules of the Court.

( 5 ) THE Registrar General has endorsed the report to the following effect on 11-4-2007 :-

"see the report of Stamp Reporter. The petition is defective on the grounds mentioned on the report, and it has not been presented by petitioner as per Rule 3 of chapter XV-A of the High Court Rules. Hence let the matter be placed before Hon'ble Court as defective. "

( 6 ) AT the very threshold, the Court has to set whether the present election petition should be dismissed under sub-section (1)of Section 86 for non-compliance of the provisions of Section 81 of the Representation of the People Act, 1951 (for short the Act ). Part VI of the Act deals with election, Chapter II provides presentation of election petitions to (he High Court while Chapter III deals with trial of election petitions. Chapter V deals with costs and security for costs. A reference to the provisions of Sections 81, 86 and 117 shall be made at appropriate place hereinafter. Thus, the right to challenge an election under the Act is in conformity with the provisions of Section 329 (b)of the Constitution of India.

( 7 ) THE right to challenge an election is a right provided under Art. 329 (b) of the Constitution of India which provides that 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 provides as under:-

"80. Election petitions - No election shall be called in question except by an election petition presented in accordance with the provisions of this Part. "

( 8 ) SECTION 81 of the Act provides for presentation of Election Petitions and the same reads as under :-

"presentation of petitions.- (1) An election petition calling in question any election may be presented on one or more of the grounds specified in (sub-section (1)) ofsection 100 and Section 101 to the (High Court)by any candidate at such election or any elector (within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates

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