JIBONTARA GHATOWAR Vs. SUNIL RAJKONWAR

JUDGEMENT

(1.) THE applicant by the present application is praying for dismissal of the Election Petition No. 4/2011 under sub-section (1) of Section 86 of the Representation of People Act, 1951 (in short the Act) alleging non-compliance of sub-section (3) of Section 81 of the Act.

(2.) ELECTION Petition No. 4/2011 has been filed by the opposite party questioning the election of the present applicant as the Member of Assam Legislative Assembly from No.115 Legislative Assembly Constituency. According to the applicant though sub-section (3) of Section 81 of the Act requires that every election petition shall be accompanied by as may copies thereof as there are respondents and every such copy is mandatorily required to be attested by the election petitioner under his own signature to be a true copy of the election petition, the copy which has been furnished to the applicant, does not have attestation by the election petitioner that the same is a true copy of the election petition filed. According to the applicant since the condition in sub-section (3) of Section 81 of the Act is mandatory, its violation entails dismissal of the election petition under sub-section (1) of Section 86 of the Act.

(3.) PER contra, the learned counsel appearing for the opposite party/election petitioner submits that the election petitioner in every page of the copy furnished to the applicant/returned candidate put his signature signifying that the copy is a true copy of the election petition filed, though the words "true copy" have not been mentioned. According to the learned counsel there is substantial compliance of sub-section (3) of Section 81 of the Act. The further contention is that it is not being the case of the applicant/returned candidate that she has not been furnished with the exact copy of the election petition filed by the election petitioner, no prejudice has been caused in not mentioning the words "true copy" by the election petitioner while putting his signature in every page of the copy of the election petition furnished to the applicant/returned candidate.