NAWAB KHAN Vs. VISHWANATH SHASTRI

JUDGEMENT

(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constituency but his name did not appear in the list of contesting candidates on the ground that his nomination was withdrawn, though according to the petitioner the fact was that he never withdrew his nomination.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.