Can an election petition be dismissed under Section 86, RoP Act, for an unattested Form-25?

No. The defect under Section 83 does not entail peremptory dismissal under Section 86 of the RoP Act. If Form-25 read with Rule 94A is not in conformity with the requirement, then those parts of the petition which contain allegations of corrupt practices alone are required to be struck off, and other independent grounds, if any, are required to be tried and decided on merits.

Representation of People Act, 1951 — s.81(3) — s.83 — s.86 — Conduct of Elections Rules, 1961 — Form-25 — Rule 94A — Attestation of true copy — Peremptory dismissal — Representation of People Act, 1951 — s.83 — s.86 — Form-25 defect not fatal to the petition — Held: A defect under Section 83 does not entail peremptory dismissal under Section 86. Where Form-25 read with Rule 94A is not in conformity, only the parts alleging corrupt practices are struck off and the other independent grounds tried on merits. (¶21) Representation of People Act, 1951 — s.81(3) — No particular form of attestation prescribed — Held further: Section 81(3) requires only that the copy be attested by the petitioner under his own signature to be a true copy of the petition. No particular form of attestation is prescribed, so different rubber stamps conveying the same meaning suffice. (¶8, 9) Representation of People Act, 1951 — s.81(3) — “Copy” need not be an exact copy — Held further: The word ‘copy’ does not mean an absolutely exact copy but one so true that nobody can, by any possibility, misunderstand it. The test is whether the variation from the original is calculated to mislead an ordinary person. (¶23) Precedent — Constitution Bench prevails over three Judge Benches — Election Petition restored — Held further: The Constitution Bench decision holds the field and the three Judge Benches to the contrary need not be looked into. The Election Petition is restored to the High Court. Appeal allowed. (¶25, 26)

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