K Babu vs M Swaraj 2024 INSC 103 – Representation of the People Act – Election Petitions

Representation of the People Act, 1951; Section 83 – Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset. Defects in an election petition that constitute non-compliance with Section 83 of the Act of 1951 have been held to be curable defects. (Para 11)

Interpretation of Statutes – When the statutory provision unequivocally stipulates as to what is required to be done to comply with the mandate thereof, it is not permissible in law to read something more into that provision. (Para 15)

Rules of the High Court of Kerala, 1971; Rule 212 – three authenticated copies are for the use of the Court only. Further, copies of petitions to be furnished under this Rule are clearly in addition to what is required to be filed under Section 81(3) of the Act of 1951 – Rule 212 of the Rules of 1971 introduces additional requirements prescribed by the High Court and the 9 same cannot, by any stretch of imagination, be read into and be made part and parcel of Section 81(3) of the Act of 1951. (Para 12-15)

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