vil Appeal Nos 179 189 of 1991 etc
From the Judgment and Order dated 391990 of the Gauhati High Court in Election Petition No 7 of 1989
AM Mazumdar Dr LM Singhvi SK Nandy section Parekh and Ms Lira Goswami for the Appellants
Dr BL Wadehra and MKD Namboodiri for the Respondents
The Judgment of the Court was delivered by AHMADI J
Special granted in all SLPs
Mizoram acquired Statehood on February 20 1987
At the general election held on January 21 1989 the respondents of this batch of appeals contested the State Assembly elections as candidates of the Mizo National Front MNF from different constituencies
The 759 results of the election were declared on January 23 1989
They lost to candidates fielded by the Indian National Congress I
The unsuccessful MNF mainly on the ground that they had indulged in and were guilty of corrupt practices
As many as fifteen such election petitions came to be filed in the Gauhati High Court on one single day March 9 1989
Although fifteen petitions were filed one Congress I candidate had succeeded from two constituencies and one candidate belonged to the Mizo National Front Democratic Party
On service of notice of the filing of the election petitions the returned candidates entered appearance and raised certain preliminary objections regarding the maintainability of each petition
On the basis thereof two preliminary issues were raised for consideration
The returned candidates moved for striking off the pleadings
Thereupon the original petitioners applied for amendment of their election petitions which was strongly opposed by the returned candidates
The preliminary objections the applications for striking off the pleadings and the amendment applications were heard together
The two preliminary issues raised by the learned Judge hearing the election petitions were i whether the election petitions were in conformity with the requirements of Sections 81 and 83 of the Representation of the People Act 1951 RP Act and the Rules framed thereunder by the Gauhati High Court and ii whether rule 1 and the other related rules and notes thereto enabling the filing of the Election Petition before the Stamp Reporter assigned to the election court by the learned Chief Justice were ultravires Article 329 of the Constitution and Section 169 read with Sections 80 80A and 81 of the RP Act
so far as the first objection was concerned the returned candidates contended that the election petitions were photo copies and could not therefore be treated as election petitions as contemplated by law the copies of petitions served on the returned candidates were not attested to be true copies of the original petitions as required by Section 813 the copies served on them with the annexures were not true copies of the original the election petitions were not signed and verified in the manner laid down by the Code of Civil Procedure inasmuch as the source of information had not been disclosed in the verification or the affidavit in Form 25 as required by rule 94A of the Conduct of Election Rules 1961 the Rule and no schedule of material particulars of corrupt practice had been annexed to the affidavit purporting to be under Form 25
In regard to the second objection the contention was that the presentation of the election petitions before the Stamp Reporter was inconsistent with Sections 80 80A and 81 of 760 the RP Act and Article 329 of the Constitution inasmuch as the law requires that an election petition shall be presented to the High Court
The learned Judge in the High Court overruled both the preliminary objections holding in the case of the first that there was substantial compliance with the requirements of the relevant provisions and on the second point he ruled that the presentation of the election petition to the Stamp Reporter appointed or authorised under the Rules was presentation in accordance with the Rules and the same did not conflict with Article 329b of the Constitution
Thus both the preliminary objections stood rejected
The returned candidates had applied under Order VII Rule 16 of the Code of Civil Procedure
the Code for striking out certain averments from the memo of the election petitions on the ground of failure to disclose a cause of action
A prayer was also made for dismissal of the petitions on that ground
The learned Judge in the High Court rejected this contention observing that under the election law the High Court is empowered to permit amendment of the election petition with a view to amplifying the averments bearing on the question of corrupt practice which it considers necessary for ensuring a fair and effective trial of the election dispute
In this view of the matter the learned Judge examined the averments of each paragraph in detail and directed the deletion or modification of certain paragraphs the averments wherein were vague of benefit of necessary particulars
He directed that paragraphs 6 9 12 13 21 22 38 and 40 shall stand deleted whereas paragraphs 3 4 5 8 14 to 20 25 to 27 30 to 37 39 and 45 of the petition giving rise to CA No 179 of 1991 shall stand modified
All allegations against the election agent or other agents of the returned candidates were ordered to be struck off
In other words he directed that the allegations of corrupt practice shall be confined to the returned candidates only
Similar orders were passed in the other election petitions subject to the variation in number of paragraphs etc
For convenience we will take the pleadings of CA No 17991 as representative since we are told that the averments in each election petition are identical except for some variations here and there
Thus the learned Judge rejected the preliminary objections and partly allowed the application for striking off the averments in the election petitions and partly permitted certain amendments to the election petitions
It is against the said order that the returned candidates have approached this Court under Article 136 of the Constitution
At the time of admission of these appeals two questions were formulated for examination and we will confine ourselves to them in 761 the course of this Judgment
These two questions are as under 1The Election Petitions are liable to be dismissed in limine under Section 83 of the Representation of the People Act 1951 as the affidavit filed by the Election Petitioner in each case is not strictly in conformity with Form 25 inasmuch as the verification as regards the averments based on knowledge and the averments based on information has not been made separately as required by the said Form prescribed under Rule 95 A of the Representation of the People Rules 1951 and II The copies of the Election petitions served on the petitioners herein the respondents in the Election Petitions not being true copies of the Election Petitions  the Election Petitions were not maintainable and were liable to be dismissed in limine in view of Section 81 read with Section 86 of the Representation of the People Act 1951   The appellants herein are the returned candidates
Election Petitions were filed against them challenging their election on more or less identical grounds
Since the Election Petitions are stated to be based on a single master copy we would refer to the averments of EP No 7 of 1989 filed against the appellant F Sapa of Civil Appeal No 179 of 1991
On a perusal of the cause title of the petition it becomes evident that the name of the constituency and the particulars of the petitioner and the respondents are left blank and filled in hand
The petition is stated to be under Sections 80 and 81 of the RP Act
Paragraph 1 furnishes the dates concerning the election programme and the particulars regarding the petitioner
In paragraph 2 the particulars regarding the total votes votes pulled by each candidate etc have been set out
While the various heads are typed the figures are hand written
The various typed heads would show that particulars upto five respondents figure
That is why the columns regarding three respondents have been filled in while serial Nos 6 and 7 meant for respondents 4 and 5 have been left blank
This supports the appellant s say that one master copy of the election petition were prepared and thereafter particulars in respect of each petitioner were filled in hand
In paragraph 3 it is averred that the MPCC I had with the consent and knowledge of the returned candidate conceived and 762 executed the entire election campaign of the returned candidate between December 31 1988 and January 19 1989
So also the returned candidate had on his own and with the help of MPCC I its functionaries and workers organised and addressed public meetings and undertook door to door canvassing to promote his chances for success
Thereafter the list of towns and villages where he held such meetings etc are written in hand in the blank space left for that purpose
This is also indicative of that fact that a master copy was prepared to challenge all the fifteen elections
In paragraphs 4 and 5 the details regarding the campaign literature or material such as stickers hand bill pamphlets press publications etc have been furnished
These have been produced with their English translations at Annexures I to VIa
It is averred that this campaign literature was widely distributed throughout the length and breadth of the entire constituency between the aforestated dates and was also air dropped by helicopter on January 20 1989 throughout the constituency
These were also read out and explained to the voters in the constituency during the aforesaid period
After making this averment in paragraph 6 the petitioner proceeds to add in paragraph 7 as under That by publishing printing circulating distributing and by reading out and explaining to the audiences including the electors and their family members throughout the length and breadth of the constituency as indicated above Respondent No 1 returned candidate has been guilty of corrupt practices under Section 123     The details in regard to the MPCC I s Election Manifesto produced at Annexure I English translation Annexure 1A have been set out in paragraphs 8 to 22 along with comments inferences etc
In paragraph 23 there is a mention of Annexure II which is merely a repeat of Annexure I dealt with in the aforesaid paragraphs 8 to 22
In paragraph 24 reference is to Annexure III which is merely the summary of the Election Manifesto dealt with in the preceding paragraphs
Paragraphs 25 to 29 refer to the leaflet Operation Josna Annexure IV and submission thereon
The next two paragraphs 30 and 31 contain reference is to a sticker Annexure V which appeals to the religious sentiments of those following the Christian faith and states Let us vote Mizoram Congressi for Mizos and Christians   which it is contended constitutes corrupt practice
Then come paragraphs 32 to 40 which relate to a leaflet Annexure VI entitled what our vote will bring about   and then proceeds to add Christian Government   and promise of visit of the holy land Israel  
Then 763 after referring to the activities aforestated it is alleged in paragraph 41 that this has materially affected the election prospects of the other contesting candidates also
Paragraphs 42 43 and 44 refer to Press publications in India Today  Statesman and the Assam Tribune and Sentinals 
Paragraph 45 enumerates the grounds on which the election of the returned candidate is liable to be set aside
Paragraphs 45A to 47 deal with sundry items
This in brief is the nature of the Election Petition
The petition is verified as under I SANGURA the petitioner herein verify that the facts mentioned in paragraphs 1 2 4 5 18 19 28 35 30 33 36 38 41 42 43 44 45 45A 46  47 are true to my knowledge and facts mentioned in paragraphs 7 8 9 10 11 12 13 14 15 20 21 22 23 24 26 27 29 32 34 3 35 37 40  41 are based on information received and believed to be true
Grounds A B  C and the legal submissions are based on legal advice
Verified at Guwahati on 7th March 1989   The verification is typed but the petitioner s name and the paragraph numbers at both the places are hand written
It will be seen from the above verification clause that paragraphs 3 16 17 25 31  39 have not been verified at all either as true to knowledge or on information andor belief whereas paragraph 41 is mentioned at both the places
It may also be noted at this stage that in regard to the second part of the verification based on information received  and believed to be true  it is not clarified which of the paragraphs are based on information received  nor is the source of information disclosed and which are founded on believed to be true 
Appended to the petition is the petitioner s typed affidavit which runs into six paragraphs
The name of the petitioner his age and address appear to be filled in on a typewriter
In paragraph 2 of the affidavit it is stated that the petitioner unsuccessful candidate has alleged several corrupt practices on the part of the Respondent No 1 the returned candidate his election agent and other agents and virtually the same phrase is repeated in paragraph 3
The in paragraph 4 it is stated for brevity the details of the corrupt practices alleged by me which have been given in the Election Petition and are not being repeated in this affidavit and the same may be treated and read as part of this affidavit  and then the deponent proceeds to add The said particulars and details of corrupt practices and contained in paragraphs 4 to 40 of the said election petition 
The word and figures 4 to 40  are 764 written in hand after scoring out the words and figures 7 to 47 
Then comes paragraph 5 which may be reproduced That I solemnly state and affirm that all that has been stated in the election petition by way of corrupt practices as a correct to the best of my knowledge and to the information received by me and believed by me to be true  
It will be seen from the above that according to the election petitioner the particulars and details of the corrupt practices are contained in paragraphs 4 to 40 which also omits paragraph 3 which is according to the returned candidateappellant crucial
Then in paragraph 5 extracted above the election petitioner states that all that he has stated in regard to corrupt practices in his election petition which according to paragraph 4 are contained in paragraphs 4 to 40 is correct to the best of my knowledge and to the information received by me and believed by me be true 
It is not stated which of the particulars contained in paragraphs 4 to 40 are true to his knowledge which are based on information received apart from disclosure of source of information and which he believes to be true
The affidavit is totally silent in regard to paragraphs 1 to 3 and 41 to 47 of the election petition
The returned candidatethe appellant herein therefore contends that paragraph 3 which is the most crucial paragraph in the entire election petition inasmuch as it discloses the names of towns and villages as well as the period during which the alleged corrupt practices were committed has been carefully deliberately and scrupulously omitted both from the verification clause and the affidavit referred to hereinabove for reasons best known to the election petitioner and contends the appellant once this paragraph 3 is kept out of consideration the Election Petition is rendered a theoretical and unimaginative essay  on corrupt practice of appeal to religion
It is therefore contended that failure to mention paragraph 3 of the election petition in both the verification clause of the petition and the affidavit filed in support thereof is fatal and cannot be cured particularly after the expiry of the limitation period of 45 days
The appellant further contends that the affidavit is not in Form No 25 prescribed under Rule 94A of the Rules and hence the affidavit is no affidavit at all
Since Section 83 of the RP Act is mandatory and strict compliance thereof is expected of an election petitioner failure to adhere to Form No 25 is fatal as the doctrine of substantial compliance has no place in election law but even if that doctrine could be 765 invoked to rescue the election petitioner out of the situation in which he was placed himself it was absolutely essential for him to clearly state in his affidavit which paragraphs of the Election Petition are based on his knowledge which are based on information received and which are based on his belief
Since even this is missing it is difficult to say that there is substantial compliance assuming the doctrine has application
Counsel for the appellant fairly stated that if the averments in the election petition had been sworn to in the above manner it could perhaps be argued that failure to strictly follow Form 25 could be excused on the doctrine of substantial compliance and the procedural defect could be cured by an appropriate amendment
But argued counsel the doctrine could never be pressed into service where the petitioner has failed to disclose which part of the allegations regarding corrupt practice are based on knowledge which on information received and which on belief
Where there is failure to comply with even the basic requirements of an affidavit there can be no question of substantial compliance this being a case of non compliance whatsoever
Where several paragraphs of the election petition remain unaffirmed under the verification clause as well as the affidavit the unsworn allegation can have no legal existence and the election court cannot take cognizance thereof
The further allegation was that the election petitions being photocopies could not be entertained as valid election petitions that copies of the election petitions served on the returned candidates were not attested as true copies of the original as required by Section 813 and that the election petitions and the schedule and annexures were not signed and verified as required by the Code
An election dispute founded on the allegation of corrupt practice being quasi criminal in nature calls for strict adherence to the requirements of election law as is evident from Section 861 of RP Act which provides for dismissal of an election petition which fails to comply with the requirements of Sections 81 82 or 117 on the said statute
Before we set out of the relevant provisions of the RP Act reference may be made to Order VI Rule 15 of the Code which deals with verification of pleadings
This rule is divided into three parts the first part begins with save as otherwise provided by any law for the time being in force  and then proceeds to add that every pleading shall be verified by the party or by one of the parties or by some other person acquainted with the facts of the case the second part posits that every person verifying shall specify what he verifies of his own knowledge and what he verifies upon information received or believed to be true by reference to paragraph numbers and the third part states that the 766 verification shall be signed by the party making it
It was however pointed out that by virtue of sub section 3 of Section 1 the Code extends to the whole of India except a the State of Jammu and Kashmir and b the State of Nagaland and the tribal areas
The explanation defines the expression tribal areas  as territories which immediately before January 21 1972 were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution
Paragraph 20 says that the areas specified in Parts III and III of the table shown below shall respectively be the tribal areas within the State of Assam the State of Meghalaya and the Union Territory of Mizoram
Part III which is relevant for our purpose comprises 1 the Chakma District 2 the Lakher District and 3 the Pawi District
During the British period the area was divided into North Lushai Hills and South Lushai Hills but was later amalgamated into a single District of Lushai Hills and was made part of Assam and was placed under the administrative charge of a Superintendent
On our attaining independence the Superintendent was replaced by a Deputy Commissioner but the District of Lushai Hills continued to be part of Assam
The Lushai Hill District was renamed Mizo District in 1954 by an Act of Parliament and was placed under a District council
After a spell of disturbances on the implementation of the North Eastern Reorganisation Act 1971 the Mizo District was upgraded into a Union Territory and was renamed Mizoram
It was divided into three districts namely i Aizawal  i Lunglei and iii Chhimtuipui
The Mizo Hill District was replaced by Chakma Lakher and Pawi Districts which find a mention in Part III of the Table to paragraph 20 of the Sixth Schedule to the Constitution
It was therefore argued that the provisions of the Code did not and do not apply to the State of Mizoram
In support of this contention reliance is placed on three decisions of this Court namely 1 Gurumayam section Sarma VK Ongbi Anisija Devi Civil Appeal No 659 of 1957 dated February 9 1961 2 State of Nagaland V Rattan Singh  and iii VL Rohlus V Deputy Commissioner Aizawal It is unnecessary to notice these decisions in detail because Dr Singhvi does not seriously question this proposition
But contends Dr Singhvi if the Code did not apply to Mizaoram in view of the above it applied to an election petition because Section 831c obligates that an election petition shall be signed by the petitioner and verified in the manner laid down in the Code for the verification of pleadings 
Therefore even though the provisions do not extend to Mizoram by virtue of Section 13 of the Code counsel submitted they are applicable by incorporation to election petitions by the thrust of Section 831c of the RP Act to the extent indicated therein
767 And now to the relevant provisions of the RP Act and the Rules framed thereunder
The expression corrupt practice  defined in Section 1c means any of the practices specified in Section 123
The various corrupt practices enumerated in Section 123 are 1 bribery 2 undue influence 3 an appeal by a candidate or his agent or by another other person with the consent of the candidate or his election agent to vote or refrain from voting for any person on the ground of his religion race caste community or language or the use of or appeal to religious symbols etc 3A the promotion of or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion race caste community or language 4 the publication of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to another candidate 5 the hiring or procuring of any vehicle or vessel or the use of such vehicle or vessel for the free conveyance of any elector to or from any polling station 6 the incurring or authorising of expenditure in contravention of Section 77 7 the obtaining or procuring of any assistance from any Government servant of the class specified and 8 booth capturing
Sections 8 and 8A lay down that any person convicted for practising any corrupt practice by an order made by the High Court under Section 99 shall be disqualified for a period of six years in the case of the former in addition to being punished on conviction and for a period not exceeding six years in the case of the latter
Counsel for the appellant therefore contended that proof of allegations of corrupt practice would visit the returned candidate with certain serious consequences and must therefore be viewed seriously
Being quasi criminal in nature courts have and must always insist on strict compliance with the provisions of law in that behalf and failure to do so must prove fatal
Laying this background counsel for the appellants invited our attention to Sections 80 to 86 of the RP Act
The RP Act is divided into XI parts
We are essentially concerned with Part VI entitled Disputes Regarding Elections  which is divided into V chapters
Chapter I is a single section chapter comprising section 79 which defines certain expressions used in Part VI and Part VII dealing with corrupt practices and electoral offences
Chapter II entitled Presentation of election petitions to Election Commission  comprises Sections 80 to 85 having since been repealed
Section 80 says no election shall be called in question except by an election petition presented in accordance with the provisions contained in that part
Section 80A inserted by Act 47 of 1966 confers jurisdiction on the High Court to try an election petition
Section 81 768 deals with the presentation of such petitions
It reads under 81
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 of section 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
Explanation
In this sub section elector  means a person who was entitled to vote at the election to which the election petition relates whether he has voted at such election or not
3 Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition   Sub section 2 of this section was omitted by Act 47 of 1966 when by the same statute the words Election Commission  were substituted by the expression High Court  with effect from December 14 1966
Even though by the said Amendment Act jurisdiction was conferred on the High Court in place of the Election Commission surprisingly the title of Chapter II continues to read Presentation of election petitions to Election Commission 
Parliament will do well to correct this slip by substituting the words High Court  for the expression Election Commission  to bring it in conformity with the changes introduced by Act 47 of 1966
Section 82 indicates the parties to be joined as respondents
Then comes Section 83 which reads thus 83
Contents of petition 1 An election petition a shall contain a concise statement of the material facts on which the petitioner relies b shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the means of the parties alleged to have com 769 mitted such corrupt practice and the date and place of the commission of each such practice and c shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure 1908 5 of 1908 for the verification of pleadings Provided that where the petitioner alleges any corrupt practice the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof
2 Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition   On a plain reading of this provision it is manifest that it is incumbent on the petitioner to set forth full particulars of any corrupt  he alleges against the returned candidate
This should be accompanied by as full a statement as is possible  of the names of those who have indulged in such corrupt practice and the date and place of the commission thereof
Clause c of sub section 1 enjoins that the election petition shall not only be signed but also verified in the manner laid down in the Code
The proviso then prescribes an additional safeguard in cases where corrupt practice is alleged as in the present case namely that the election petition shall be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof
This provision reflects the anxiety of the legislature to ensure that allegations of corrupt practice are not lightly made not only that but it ensures that the responsibility thereof is fixed on the petitioner himself by asking him to swear an affidavit in support thereof
Prescribed  says Section 2g means prescribed by rules made under the said Act
Form 25 is the form of the affidavit prescribed by Rule 94A of the Rules
Next sub section 2 of this section provides that any schedule or annexure to the petition shall also be signed and verified in the same manner as the petition itself
Section 84 sets out what relief the petitioner can claim in such an election petition
That brings us to chapter III entitled Trial of election petitions 
Only two sections from this chapter require to be noticed
The first is section 86 the relevant part whereof reads 86
Trial of election petitions 1 The High Court shall dismiss an election petition which does not comply with the 770 provisions of section 81 or section 82 or section 117
Explanation
An order of the High Court dismissing an election petition under this sub section shall be deemed to be an order made under clause a of section 98
2 As soon as may be after an election petition has been presented to the High Court
It shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub section 2 of section 80A   The rest of the sub sections are not germane to the controversy before us
Section 87 outlines the procedure to be followed by the High Court in the trial of an election petition
It says that it shall be tried as nearly as may be  in accordance with the procedure applicable under the Code to the trial of suits
Since sub section 1 of the Section 86 refers to Section 117 we may notice it at this stage
It provides for a deposit of Rs 2000 as security for the petition with which we are now concerned
Dr Singhvi therefore emphasised that the law for the trial and resolution of election disputes found in the aforesaid provisions of this Act and the Rules made thereunder offers a self contained Code and it is not necessary to look elsewhere except where provisions of any other law are incorporated in this statute by reference
He further submitted that since some of the election disputes could be quasi criminal in nature eg where corrupt practice is alleged strict compliance with the provisions of the statute and Rules is expected by the legislature in such cases and even if the provisions are treated as directory as held by the learned Judge in the High Court the degree of non compliance which the Court will tolerate to ensure substantial compliance will not be the same as in an ordinary civil proceeding
He submitted that tested on this touchstone this Court should hold that there is no substantial compliance for otherwise the election law would loss its sanctity and seriousness and vague charges of corrupt practice would be lightly made to vex the returned candidates and when faced with an objection attempts to cure the defects through applications for amendment of the pleadings would become the order of the day thereby defeating the very object of expeditious disposals of election petitions envisaged in Section 867 of the RP Act
Dr Singhvi took strong exception to the approach of the learned Judge in the High Court when he ruled that strict compliance with the provisions of Sections 81 and 83 of RP Act was not necessary and 771 that the procedural requirements thereunder were to be treated in the same manner as a suit or any other proceedings of a civil nature
He submitted that this approach of the learned Judge betrays an erroneous understanding that election petitions are also to be treated on par with ordinary proceedings notwithstanding the quasi criminal character of such proceedings and it is this approach of the learned Judge which has led him to reach a conclusion unknown to election law
In particular he invited our attention to the following observations of the learned Judge which according to counsel betrays his fallacious approach I am not prepared to hold that simply because a petition before the court happens to be an election petition the procedural requirements should be construed in a mechanical or pedantic manner without any regard to the object sought to be achieved thereby
The law does not require the court while dealing with an election petition to construe the pleadings in such a hyper technical manner and to make a microscopic examination thereof with a view to finding out a slip here or a deviation there which may be used as a ground for the rejection of the petition in limine in the name of maintaining the democratic process or the purity of election
In any opinion the procedural requirements in an election case also should be construed in the same manner as in cases under the CPC The approach of the court should not be to reject the election petition in limine on every possible pretext of non compliance with one more of the procedural requirements unless the law itself in clear terms mandates it to do so   It is manifest from the above observations that the learned Judge took the view that the procedural requirements are intended to serve the object of providing a mechanism to reach the ultimate objective of dispensing justice in election disputes
According to him these provisions were merely adjectival and must therefore be construed liberally so as to advance the cause of justice and not to stifle it at the threshold
In support of this line of thought the learned Judge placed reliance on the observations of this Court in Raj Narain vs Indira Gandhi AIR 1973 SC 1302 at 1307 wherein this Court has observed as under Rules of pleadings are intended as aids for fair trial and for reaching a just decision
An action at law should not be 772 equated to a game of chess
Provisions of law are not mere formulae to be observed as rituals
Beneath the words of a provision of law generally speaking there lies a justice principle
It is the duty of the Court to ascertain that principle and implement it   Let us examine if the criticism of the learned counsel to the approach of the learned Judge is well founded
It is fairly well settled that our election law being statutory in character must be strictly complied with since an election petition is not guided by ever changing common law principles of justice and notions of equity
Being statutory in character it is essential that it must conform to the requirements of our election law
But at the same time the purity of election process must be maintained at all costs and those who violate the statutory norms must suffer for such violation
If the returned candidate is shown to have secured his success at the election by corrupt means he must suffer for his misdeeds
The mode for calling in question the election of a returned candidate is by presenting an election petition in accordance with the provisions of this Part  Section 80
Such a petition has to be presented within 45 days from the date of election of the returned candidate
Sub section 3 of section 81 provides that such an election petition must be accompanied by as many copies thereof as there as there are respondents and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition
This provision which explains how a copy of an election petition shall be attested emphasises that such attestation will be under the petitioner s own signature
What the contents of an election petition shall be is enumerated in Section 83
It must contain a concise statement of material facts on which the petitioner relies but where a petition is founded on the allegation of corrupt practice it shall set forth full particulars of the corrupt practice alleged by the petitioner including as full a statement as possible of the names of the parties who have indulged in such corrupt practice together with the date and place of the commission thereof
Such an election petition as well as every schedule or annexure thereto must be signed by the petitioner and verified in the manner provided by the Code for the verification of pleadings
But in cases where the petitioner has alleged corrupt practice that is not enough the proviso demands that the petition shall be accompanied by an affidavit in the prescribed from supporting the allegation of such corrupt practice and the particulars thereof
Therefore an election 773 petition in which corrupt practice is alleged stands on a different footing from an election petition which does not carry such an allegation
The legislature has taken special care to ensure that ordinary verification will not suffice it must be supported by an affidavit in the prescribed form
Form 25 has been prescribed for such an affidavit under rule 91A of the Rules
That rule says that the affidavit referred to in the proviso to Section 831 shall be in Form 25
The form of the affidavit requires the deponent to state which of the paragraphs of the election petition in which allegations of corrupt practice are made are based on his own knowledge and which are based on this information
Section 861 then mandates that the High Court shall  dismiss an election petition which does not comply with the provisions of Section 81 or Section 82 or Section 117 of the RP Act
The language of this sub section is quite imperative and commands the High Court in no uncertain terms to dismiss an election petition which does not comply with the requirements section 81 or section 82
This mandate is however qualified by sub section 5 referred to earlier
Election of a returned candidate can be rendered void on proof of the alleged corrupt practice
In addition thereto he would incur a subsequent disqualification also
This harshness is essential if we want our democratic process to be clean free and fair
Eradication of corrupt practice from our democratic process is essential if we want it to thrive and remain healthy
Our democratic process will collapse if unhealthy corrupt practices like appeals to voters on basis of caste creed community religion race language etc are allowed to go unchecked and unpunished
Use of corrupt practices in elections to secure short term gains at the cost of purity of our democratic process must be frowned at by every right thinking citizen
It is for that reason that the law has provided for double jeopardy to deter candidates their agents and others from indulging in such nefarious practices
But while there is sufficient justification for the law to be harsh with those who indulge in such practices there is also the need to ensure that such allegations are made with a sense of responsibility and concern and not merely to vex the returned candidate
It is this in view that the law envisages that the particulars of such allegations shall be set out fully disclosing the name of the party responsible for the same and the date and place of its commission
A simple verification was considered insufficient and therefore the need for an affidavit in the prescribed form
These procedural precautions are intended to ensure that the person making the allegation of corrupt practice realises the seriousness thereof as such a charge would be akin to a criminal charge since it visits the party indulging in such practice with a two fold penalty
That 774 is why this Court described it as quasi criminal in nature in Manphul Singh vs Surinder Singh 1973 2 SCC 599 at 608 and reiterated the same in KM Mani vs PJ Antony  Hence the insistence that each ingredient of the charge must be satisfactorily proved before a verdict of guilt is recorded by the Court
In Mani s case this Court held that the allegations must be established beyond reasonable doubt and not merely by a preponderance of probability
It is therefore equally essential that the particulars of the charge or allegation are clearly and precisely stated in the election petition to afford a fair opportunity to the person against whom it is leveled to effectively counter the same
The law in regard to the adjudication of an election dispute has been set out as stated earlier in Part VI of the RP Act the provisions whereof constitute a self contained Code
Therefore an election petition calling in question the election of a returned candidate must be made in accordance with the provisions of this part of the statute
Under the provisions of this part an election petition calling in question the election of a returned candidate must be founded on one or more of the grounds specified in Sections 100 and 101 for any of the reliefs specified in Section 84 thereof
Section 100 specifies several grounds one of them being commission of a corrupt practice by the returned candidate
Section 831a stipulates that every election petition shall contain a concise statement of the material facts on which the petitioner relies
That means the entire bundle of facts which would constitute a complete cause of action must be concisely stated in an election petition
Section 831b next requires an election petitioner to set forth full particulars  of any corrupt practice alleged against a returned candidate
These particulars  are obviously different from the material facts  on which the petition is founded and are intended to afford to the returned candidate an adequate opportunity to effectively meet with such an allegation
The underlying idea in requiring the election petitioner to set out in a concise manner all the material facts  as well as the full particulars  where commission of corrupt practice is complained of is to delineate the scope ambit and limits of the inquiry at the trial of the election petition
Before the amendment of the RP Act by Act 27 of 1956 section 833 provided for an amendment of an election petition insofar as particulars  of corrupt practice were concerned
By the 1956 amendment this provision was replaced by Section 905 which in turn came to be deleted and transferred as sub section 5 of section 86 by the Amendment Act 47 of 1966
Section 865 as it presently stands 775 empowers the High Court to allow the particulars  of any corrupt practice alleged in the petition to or amplified the amendment does not have the effect of widening the scope of the election petition by introducing particulars in regard to a corrupt practice not previously alleged or pleaded within the period of limitation in the election petition
In other words the amendment or amplification must relate to particle already pleaded and must not be an effort to expand the scope of the inquiry by introducing particulars regarding a different corrupt practice not earlier pleaded
Only the particulars of that corrupt practice of which the germ exists in the election petition can be amended or amplified and there can be no question of introducing a new corrupt practice
It is significant to note that section 865 permits particulars  of any corrupt practice alleged in the petition  to be amended or amplified and not the material facts 
It is therefore clear from the trinity of clauses a and b of 83 and section sub section 5 of section 86 that there is a distinction between material facts  referred to in clause a and particulars  referred to in clause b and what Section 865 permits is the amendmentamplification of the latter and not the former
Thus the power of amendment granted by section 865 is relatable to clause b of section 831 and is coupled with a prohibition namely the amendment will not relate to a corrupt practice not already pleaded in the election petition
The power is not relatable to clause a of section 831 as the plain language of section 865 confines itself to the amendments of particulars  of any corrupt practice alleged in the petition and does not extent to material facts 
This becomes crystal clear on the plain words of the closely connected trinity of Section 831a 831b and 865 and is also supported by authority
See Samant N Balkrishna vs George Fernandez  and DP Mishra vs Kamal Narayan Sharma  In Balwan Singh vs Lakshmi Narain this Court held that it full particulars of an alleged corrupt practice are not supplied the proper course would be to give an opportunity to the petitioner to cure the defect and if he fails to avail of that opportunity that part of the charge may be struck down
We may however hasten to add that once the amendment sought falls within the purview of section 865 the High Court should be liberal in allowing the same unless in the facts and circumstances of the case the Court finds it unjust and prejudicial to the opposite party to allow the same
Such prejudice must however be distinguished from mere inconvenience vide Raj Narain vs Indira Gandhi  This much for the provisions of section 831a and b and section 865 of the RP Act
776 The brings us to clause c of sub section 1 of section 83 which provides that an election petition shall be signed by the petitioner and verified in the manner laid down by the Code for the verification of the pleadings
Under section 832 any schedule or annexure to the pleading must be similarly verified
Order 6 Rule 15 is the relevant provision in the Code
Sub rule 2 of Rule 15 says that the person verifying shall specify with reference to the numbered paragraphs of the pleading what he verifies on his own knowledge and what he verifies upon information received and believed to be true
The verification must be signed by the person making it and must state the date on and the place at which it was singed
The defect in the verification can be i of a formal natural and not very substantial ii one which substantially complies with the requirements and iii that which is material but capable of being cured
It must be remembered that the object of requiring verification of an election petition is clearly to fix the responsibility for the averments and allegations in the petition on the person signing the verification and at the same time discouraging wild and irresponsible allegations unsupported by facts
Then comes the proviso which provides that in cases where corrupt practice is alleged in the petition the petition shall also be supported by an affidavit in the prescribed form ie From No 25 prescribed by Rule 94A of the Rules
Lastly sub section 2 of section 83 lays down that any schedule or annexure to the petition shall also be similarly signed and verified
Two question arise i what is the consequence of a a defective or incomplete verification and ii what is the consequence of a defective affidavit It was also said that the verification clause in regard to averments or allegations based on information ought to disclose the source of information which had not been done in this case
It must at the outset be realised that section 861 which lays down that the High court shall  dismiss an election petition which does not comply with the provisions of section 81 or section 8 or section 117 does not in terms refer to section 83
It would therefore seem that the legislature did not view the non compliance of the requirement of section 83 with the same gravity as in the case of sections 81 82 or 117
But it was said that a petition which does not strictly comply with the requirements of section 83 cannot be said to be an election petition within the contemplation of section 81 and hence section 861 was clearly attracted
In Murrka Redhey Shyam vs Roop Singh Rathore  one of the defects pointed out was that though the verification stated that the averments made in some of the paragraphs of the petition were true to the personal knowledge of the petitioner and the averments in in some other paragraphs were verified 777 to be true on advice and information received from legal and other sources the petitioner did not in so may words state that the advice and information received was believed by him to be true
The Election Tribunal held that this defect was a matter which came within section 831c and the defect could be cured in accordance with the principles of the Code
This Court upheld this view in the following words It seems clear to us that reading the relevant sections in Part VI of the Act it is impossible to accept the contention that a defect in verification which is to be made in the manner laid down in the Code of Civil Procedure 1908 for the verification of pleadings as required by cl
c of sub section
1 of section 83 is fatal to the maintainability of the petition
 It is thus clear from this decision which is binding on us that mere defect in the verification of the election petition is not fatal to the maintainability of the petition and the petition cannot be thrown out solely on that ground
As observed earlier since section 83 is not one of three provisions mentioned in section 861 ordinarily it cannot be construed as mandatory unless it is shown to an integral part of the petition under section 81
The proviso to section 831 was inserted by section 18 of Amendment Act 40 of 1961
It is attracted where the petitioner alleges any corrupt practice
In that case the election petition must be accompanied by an affidavit inthe prescribed form ie Form No 25
The affidavit is intended to support the allegation of corrupt practice and the particulars thereof pleaded in the election petition
Order 19 Rule 3 of the Code provides that affidavits should be confined to such facts as the deponent is able on his own knowledge to prove
Here again the submission was that the affidavit to be sworn in Form No 25 prescribed by Rule 94A must be sworn consistently with Order 19 Rule 3 of the Code
The submission therefore was that the affidavit must disclose the source of information for otherwise it will be no affidavit at all
In this connection reliance is placed on the decision of this Court in State of Bombay vs Purushottam Jog Naik  wherein at page 681 this Court while dealing with the verification of the affidavit of the Home Secretary observed that when the matter deposed to is not based on personal knowledge the source of information should be clearly disclosed
Again in The Barium Chemicals Ltd vs The Company Law Board 1966 Supp
SCR 311 Shelat J at page 352 reiterated that where allegations of mala fides are not grounded on personal knowledge but only on reason to believe  the source of 778 information must invariably be disclosed
Same was the view expressed in the case of KK Nambiar vs Union of India  at 125
Based on the law laid down in the aforesaid three cases the learned counsel for the appellants submitted that an affidavit which on its to disclose the source of information has no efficacy in law and is not worth the paper on which it is written more so in an election petition alleging corrupt practice for otherwise it will fail to achieve the purpose namely to give an opportunity to the returned candidate to counter the allegation
According to the learned counsel the affidavit contemplated by the proviso to section 831 is intended to be an integral part of the petition under section 81 and failure to comply with the requirement of disclosing the source of information renders the petition liable to summary dismissal under section 81 of the RP Act
Reliance was placed on Jadav Gilua vs Suraj Narain Jha AIR 1974 Patna 207 Ms Sunder Industries Ltd vs GE Works AIR 1982 Delhi 220 KK Ramachandran AIR 1988 Kerala 259 Kamalam vs Dr syed Mohamad  and Ms Sukhwinder Pal vs State of Punjab   which support this view
In the case of Murarka Radhey Shyam supra two election petitions were filed challenging his election to the House of the People
In those two petitions certain preliminary objections were raised touching on the maintainability of the petitions on the ground that there was failure to comply with the mandatory requirements of the RP Act
One of the preliminary objections with which we are presently concerned was non compliance with section 83 inasmuch as the affidavit in respect of corrupt practices which accompanied the petition was neither properly made nor in the prescribed form
The further submission was that an election petition under section 81 must comply with the requirements of section 83 for otherwise it cannot be rightly described as an election petition under section 81 of the RP Act
This Court referred to the observation of the Election Tribunal which reads as under The verification of the affidavit of the petitioner is apparently not in the prescribed form but reading as a whole the verification carries the same sense as intended by the words mentioned in the prescribed form
The mistake of the Oaths Commissioner in verifying the affidavit cannot be a sufficient ground for dismissal of the petitioner s petition summarily as the provisions of section 83 are not necessarily to be complied with in order to make a petition valid and such 779 affidavit can be allowed to be filed at a later stage also and expressed its agreement therewith
It also held that the defect in the time and place of verification cannot be a fatal defect and can be remedied
In Virendra Kumar Saklecha vs Jagjiwan and Others Rule 7 of the MP High Court Rules Provided that every affidavit should cleraly express how much is a statement and declaration from knowledge and how much is based on information or belief and must also state the source of information or belief
This Court held that the requirements of Form 25 were not consistent with Rule 7 which purported to give effect of Order 19 of the Code
In that case the affidavit accompanying the petition did not disclose the source of information in respect of certain speeches alleged to have been made by the appellant which constituted corrupt practice nor were the notes thereof allegedly made by certain persons therewith
This Court while stating that it was not necessary to express any opinion on the question whether the non disclosure of the source or ground of information in the affidavit can prove fatal nevertheless observed that the grounds or sources of information are required to be stated since section 83 states that an election petition shall be verified in the manner laid down by the Code and affidavit was therefore required to be modelled as required by Order 19 of the Code
This decision is not an authority for the proposition that failure to disclose the source or ground of information would result in dismissal of the petition under section 861 of the RP Act
In Krishan Chand vs Ram Lal  the appellant a voter questioned Ram Lal s election on the allegation that he his election agent and some others with his consent had committed various acts of corrupt practices detailed in paragraphs 11 and 12 of the petition
The petition was verified by the appellant and was accompanied by an affidavit wherein he stated that paragaphs 11 12 were based on information received and believed to be true
The respondent raised a preliminary objection that the petition was liable to be dismissed for non compliance with the provisions of the RP Act read with the Code as the sources of information were not disclosed
In support of this contention reliance was placed on the decisions rendered under Order 6 Rule 15 and Order 19 Rule 2 of the Code
Dealing with this submission this Court observed in paragraph 6 of the judgment as under 780 At the outset it may be stated that the provision for setting out the sources of information where the allegations have been verified as having been made on information and knowledge of the petitioner is not a requisite prescribed under Rule 94 A of the Conduct of Election Rules 1961 which are applicable to the filing of an election petition
Under sub section 1 of Section 83 an election petition has to contain a concise statement of the material facts on which the petitioner relies it has to set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice and shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure 1908 for the verification of the pleadings provided that where the petitioner alleges any corrupt practice the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof Setting out Form 25 prescribed under Rule 94A this Court proceeded to further observe There is nothing in this form which requires the petitioner to state under clause b of Form 25 the source or sources of his information
The appellant has referred us to Order XI Rule 13 of the Supreme Court Rules as also to Rule 1A of the Punjab High Court Rules in which when the deponent in the affidavit filed in support of the petition states that he has made the allegations in the paragraph or paragraphs specified on information he is required also to disclose the sources of information
But when there are specific rules made under the Act which govern the election petitions no other rules are applicable
Nor is the disclosure of the source of information a requisite under Order VI Rule 152 CPC
On this ground alone the submission of the appellant can be rejected
 Thus this Court came to the conclusion that the election petition under section 831b must itself contain all the necessary material facts and in the affidavit in support the petitioner is required to say which of the allegations are based on personal knowledge and which are based on 781 information received and believed to be true
If the source of information has not been set out and the opposite party finds it difficult to answer the allegations regarding corrupt practice he can always apply for better particulars
In other words the failure to disclose or divulge the source of information was not considered fatal to the petition
This Court therefore concluded that the election petition did not suffer from any defect on that score
Similar was the view taken by this Court in Z B Bukhari vs Brij Mohan while dealing with the contention that the affidavit in support of the election petition founded on allegations of corrupt practice falling under sub section 3 and 3A of section 123 was not in proper form
Repelling this contention the Court held that a petition can only be dismissed for a substantial defect
In taking this view reliance was placed on Prabhu Narayan vs AK Srivastava  wherein this Court had negatived the contention that failure to disclose the sources of information would render the affidavit defective
However strong reliance was placed on this Court s decision in Kamalam vs Dr Syed Mohamad  In that case the respondent s election to the Lok Sabha was challenged alleging corrupt practice
The election petition was duly signed and verified by the appellant and was accompanied by the requisite affidavit in support of the allegations of corrupt practice and their particulars
The election petition and the affidavit were tied together as on document
The appellant s signature appeared at the foot of the affidavit but there was no such signature at the foot of the election petition itself
In this backdrop of facts this Court held that both the election petition and the affidavit constituted one single document
This Court after referring to section 813 83 and 861 observed as under The context in which the proviso occurs clearly suggests that the affidavit is intended to be regarded as part of the election petition
Otherwise it need not have been introduced in a section dealing with contents of an election petition nor figured as a proviso to a sub section which lays down what shall be the contents of an election petition
Sub section 2 also by analogy supports this inference
It provides that any schedule or annexure to an election petition shall be signed by the petitioner and verified in the same manner as an election petition
It is now established by the decision of this Court in Sahodrabai Rai vs Ram 782 Singh Aharwar  that sub section 2 applied only to a schedule or annexure which is an integral part of the election petition and not to a schedule or annexure which is merely evidence in the case but which is annexed to the election petition merely for the sake of adding strength to it
 After quoting from the decision in Sahodrabai s case at pages 19 20 this Court proceeded to state It would therefore be seen that if a schedule or annexure is an integral part of the election petition it must be signed by the petitioner and verified since it forms part of the election petition
The subject matter of sub section 2 is thus a schedule or annexure forming part of the election petition and hence it is placed in section 83 which deals with contents of an election petition
Similarly and for the same reasons the affidavit referred to in the provisos to Section 83 sub section 1 also forms part of the election petition
The election petition is in truth and reality reality one document consisting of two parts one being the election petition proper and the other being the affidavit referred to in the proviso to section 83 sub section 1
The copy of the election petition required to be filed under the first part of sub section 3 of section 81 would therefore on a fair reading of that provision along with section 83 include a copy of the affidavit
 The above observations have however to be read in the context on the controversy before the Court
The dispute between the parties was limited to the fulfilment of the last part of section 813 viz the requirement that every such copy of the election petition shall be attested by the petitioner under his own signature to be a true copy of the petition 
As pointed out earlier it was found as a fact that the signature was at the foot of the affidavit tied to the petition and not at the foot of the petition itself
The Court therefore came to the conclusion that since the affidavit constituted an integral part of the election petition the requirement of the latter part of section 813 was satisfied
The decision clearly turned on the special facts of that case
From the text of the relevant provisions of the RP Act Rule 94A and Form 25 as well as Order 6 Rule 15 and Order 19 Rule 3 of the 783 Code and the resume of the case law discussed above it clearly emerges i a defect in the verification if any can be cured ii it is not essential that the verification clause at the foot of the petition or the affidavit accompanying the same should disclose the grounds or sources of information in regard to the averments or allegations which are based on information believed to be true iii if the respondent desire better particulars in regard to such averments or allegations he may call for the same in which case the petitioner may be required to supply the same and iv the defect in the affidavit in the prescribed Form 25 can be cured unless the affidavit forms an integral art of the petition in which case the defect concerning material facts will have to be dealt with subject to limitation under section 813 as indicated earlier
Similarly the Court would have to decide in each individual case whether the schedule or annexure referred to in section 832 constitutes an integral part of the election petition or not different considerations will follow in the case of the former as compared to those in the case of the latter
A charge of corrupt practice has a two dimensional effect its impact on the returned candidate has to be viewed from the point of view of the candidate s future political and public life and from the point of view of the electorate to ensure the purity of the election process
There can therefore be no doubt that such an allegation involving corrupt practice must be viewed very seriously and the High Court should ensure compliance with the requirements of section 83 before the parties go to trial
This is quite clear from the observations of this Court in the case of KM Mani vs PJ Anthony  While defective verification or a defective affidavit may not be fatal the High Court should ensure its compliance before the parties go to trial so that the party required to meet the charge is not taken by surprise at the actual trial
It must also be realised that delay in complying with the requirements of section 83 read with the provisions of the Code or the omission to disclose the grounds or sources of information though not fatal would waken the probative value of the evidence ultimately lead at the actual trial
Therefore an election petitioner can afford to overlook the requirements of section 83 on pain of weakening the evidence that he may ultimately tender at the actual trial of the election petition
That is because as held in Mani s case the charge of corrupt practice has to be proved beyond reasonable doubt and not merely by preponderance of probabilities
Allegation of corrupt practice being quasi criminal in nature the failure to supply full particulars at the earliest point of time and to disclose the source of information promptly may have an adverse bearing on the probative value to be 784 attached to the evidence tendered in proof thereof at the trial
Therefore even though ordinarily a defective verification can be cured and the failure to disclose the grounds or sources of information may not be fatal failure to place them on record with promptitude may lead the court in a given case to doubt the veracity of the evidence ultimately tendered
If however the affidavit or the schedule or annexure forms an integral part of the election petition itself strict compliance would be insisted upon
The next objection is based on the language of section 81 of the RP Act
This section deals with the presentation of an election petition
Sub section 1 thereof says that an election petition may be presented by any candidate at such election or any elector within 45 days from but not earlier than the date of the 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 late of those dates
This sub section specifies on what ground or grounds the election of the returned candidate can be challenged who can challenge the election and imposes a period of limitation for filing sucha petition
Sub section 2 of this section was omitted by Act 47 of 1966
Then comes sub section 3 which stipulates that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition
This sub section enjoins i supply of such number of copies of the petition as are respondents and ii every such copy must be attested by the petitioner under his own signature to be a true copy of the petition
There is no controversy regarding the first aspect the controversy centres round the second part
It must the remembered that non compliance with the requirement of sub section 1 or 3 of section 81 can prove fatal in view of section 861 of the RP Act
See Satya Narain vs Dhuja Ram   M Karunanidhi vs Dr HV Hande  Mithilesh Kumar Pandey V Baidyanath Yadav 1984 2 SCR 278 Rajender Singh vs Usha Rani 1984 3 SCC 339 and US Sasidharan vs K Karunakaran  It is quite obvious from these decisions that the requirements of section 813 are mandatory and failure to comply with them would render the petition liable to summary dismissal under section 861 of the RP Act
The objection raised in the context of section 81 is that the election petition in every case is a mere photocopy prepared from a typed one and the copy of the election petition served on the returned candi 785 date in each case was not duly attested to be a true copy of the original as required by section 813 and hence the petition was liable to be dismissed in limine under section 861 of the RP Act
Section 811 does not debar photo copying but Rule 1 of the Rules says that is shall be type written or printed
There is not dispute that a model election petition was prepared and got typed and prints thereof were taken out by the process of photocopying
These prints were used both as original election petitions as well as copies
The particulars in regard to each petition eg the names of the parties the voting pattern the towns and villages where utterances amounting to corrupt practice were made etc were filled in and the court fee was fixed on one of them which constituted the original and photocopies thereof were filed before the Stamp Reporter in accordance with the Rules
The photocopy bearing the court fee stamps was indisputably signed by the election petitioner and was presented with sufficient copies to the Stamp Reporter
The original election petition is therefore a photocopy of the typed model and the copies are also photocopies prepared from the original petition
Evidently the underlying idea in providing that the election petition shall be type written or printed is to ensure that the document is legible
There is no complaint that the document which is admitted as an election petition and the copies thereof are not legible
It that be so it is difficult to appreciate the objection that the photocopy should not be treated as an original petition even if it otherwise complies with the requirement of law
The High Court was therefore justified in treating the same as the original election petition
The next objection raised by the appellants is that the copy of the petition served on each one of them is not attested to be a true copy of the original petition as required by section 813 of the RP Act and Rule 1 of the Rules
Each copy is attested as certified true copy  and the petitioner has put his signature thereunder
This contend the appellants is not in conformity with section 813 and therefore it is obvious that the mandatory requirement of section 813 read with section 861 is not satisfied
On a plain reading of section 813 it become clear that the requirement of that provision is i the election petition should be accompanied by as many copies thereof as there are respondents mentioned in the petition and ii every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition
There is no dispute in regard to the compliance of the first part
So far as the second part is concerned all that the section requires is that the copy should be attested by the petitioner to be a true copy of the petition under his own signature
The requirement of this part of the provision is met by each copy having been signed at the 786 foot thereof by the concerned petitioner
What is essential is that the petitioner must take the responsibility of the copy being a true copy of the original petition and sign in token thereof
No particular form of attestation is prescribed all that the sub section enjoins is that the petitioner must attest the copy under his own signature to be a true copy of the petition
By certifying the same as true copy and by putting his signature at the foot thereof the petitioner of each election petition had clearly complied with the letter and spirit of section 813 of the RP Act
In fact in Ch
Subba Rao vs Member
ET Hyderabad which was followed in Kamalam s case supra this Court had accepted the mere signature without the words like true copy sufficient attestation under section 813 of the RP Act
We are therefore in agreement with the finding recorded in this behalf by the High Court
The next grievance of the appellants is that they were not served with a true copy of the election petition inasmuch as the annexures served therewith were not true copies of the original
Section 832 lays down that any schedule or annexure to the petition shall be signed by the petitioner and verified in the same manner as a petition
The grievance under this head is not that there is no compliance with section 832 but that the annexure which was an integral part of the election petition was not a true copy of the original inasmuch as certain pages found in the annexure produced with the petition were missing from the copies supplied to the returned candidatesappellants
It was strongly submitted that an annexure which is an integral part of the election petition is an important and vital document and failure to supply a true copy thereof clearly violates the mandatory requirement of section 813 and renders the petition liable to be dismissed by virtue of section 861 of the RP Act
As held in Sahodrabai  case supra where details of averments too compendious for inclusion in the petition are included inthe schedule or annexure the schedule or annexure in that case must be treated as integrated with the election petition and must comply with the requirement of Section 832 and section 813 failing which the provision of section 861 would stand attracted
But this does not apply to a schedule or annexure which produces a document as evidence in support of the allegation in the election petition
Such a schedule or annexure cannot be described as integrated with the election petition and defect in verification thereof would not prove fatal
In Sasidharan s case supra the same principle has been reiterted
In the case the election petitioner referred to a video cassette showing progress of the constituency which also contained speeches of government servants
A copy 787 of the document was not served on the opposite party alongwith the election petition
It was held that the said document formed part of the election petition and failure to supply a copy thereof along with the election petition was fatal
If a document does not form an integral part of the election petition but is merely referred to in the petition of filed in the proceedings as evidence of any fact failure to supply a copy thereof will not prove fatal
Therefore the maintainability of an election petition in the context of the point on hand will depend on whether the schedule or annexure to the petition constitutes an integral part of the election petition or not
If it constitutes an integral part it must satisfy the requirements of section 813 and failure in that behalf would be fatal
But if it does not constitute an integral part of the election petition a copy thereof need not be served along with the petition to the opposite party
Much would therefore depend on whether the schedule or annexure was an integral part of the election petition or not if the former failure to serve it along with the petition to the returned candidate would be fatal but not so in the latter case
The appellants contend that it was an integral part of the election petition but the High Court didnt not go into this question it solely relied on the Stamp Reporter s report
It then emphasised that no defect was noticed by the Stamp Reporter in the following words The stamp reporter in the instant case found the copies in order and made his endorsement accordingly
I do not find any reason not to rely upon the endorsement of the stamp reporter
 Therefore the criticism that the High Court which was duty bound to apply its mind and decide the question judicially had abdicated in favour of the Stamp Reporter s decision extracted earlier
We are afraid this criticism is not wholly correct because the High Court has also observed that no specific omission or deviation in the copy from the original was pointed out  nor was it shown that the respondents were misled on that account
We have also closely scrutinised the application made by the returned candidate in the High Court and except for a general allegation that the annexure served along with the petition was not a true copy no specific allegation is found
However in the special leave petition filed in this Court question No vi states that certain pages were missing from the copy of the annexure served on the returned candidate
Then in paragraph 11 it is averred that pages 15 and 16 of Annexure II were missing
Since no such specific allegation was made in the application filed by the returned candidate the High Court had no occasion to go into this allegation and to ascer 788 tain if the missing pages contained material forming an integral part of the election petition
We would not like to embark upon an inquiry in this behalf and would leave it to the appellants to agitate the question before the High Court
We would request the High Court to examine the contention on merits if raised and answer the same in accordance with law
Although we have come to the conclusion that the defect in verification is not fatal and can be cured no attempt has been made by the election petitioners to cure the same nor has the High Court directed the petitioners to do so
By way of a sample our attention was drawn to the election petition No 7 of 1989 which has given rise to Civil Appeal No 179 of 1991
The said petition had 47 paragraphs besides the prayer clause
The verification clause shows that paragraphs 1 2 4 5 18 19 28 35 30 33 36 38 41 to 47 of the election petition are on knowledge whereas paragraphs 7 to 15 20 to 24  26 27 29 32 34 37 40 and 41 are on information received and believed to be true
It will be seen from the above that paragraphs 3 6 16 17 25 31 and 39 are not verified at all
It was submitted by counsel for the appellants that paragraph 3 contained vital allegations regarding corrupt practice and since that paragraph has not been verified at all the appellant is likely to be handicapped at the trial
It was contended that such was the position in as many as six petitions if not more
Further some of the paragraphs eg 41 are verified under both heads of the verification clause thereby causing confusion
In the affidavit sworn in compliance of the proviso to section 831 it is stated that particulars and details of corrupt practice are contained in paragraphs 4 to 40 of the election petition
Then the petitioner states that what he has alleged by way of corrupt practice in the election petition is correct to the best of my knowledge and to the information received by e and believed by me to be true 
It is thus not clear which allegation of corrupt practice is based on his knowledge and which information he believes to be true
Besides when this affirmation is compared with the verification clause of the election petition the confusion is worst confounded
Similar is the case with the verification of the annexures
There therefore considerable force in the submission of the learned counsel for the appellants that even if the High Court concluded that the defect in verificationaffirmation was not fatal the High Court ought to have directed the petitioners to cure the defects within the time stipulated by it so that the appellants would know the exact position before the trial and would not be taken by surprise
We think the High Court committed an error in failing to give appropriate directions in the matter
More or less similar defects are 789 also found in the verificationaffirmation clause in the other election petitionsaffidavits
We would therefore request the High Court to issue directions to the election petitioner of each petition to remove the defects within such time as it may allow and if they or any of them fail to do so pass appropriate consequential orders in accordance with law
The High Court has applied the correct test while permitting the amendments
The High Court has rightly pointed out that the power conferred by section 865 cannot be exercised to allow and amendment which will have the effect of introducing a corrupt practice not previously alleged in the petition
If it is found that the proposed amendments are not in the nature of supplying particulars but raise new grounds the same must be rejected but if the amendments are sought for removing vagueness by confining the allegations to the returned candidate only such an amendment would fall within the parameters of section 865 of the RP Act
It was on this correct understanding of the legal position that the High Court scrutinised the amendment application
It was not shown at the hearing of these appeals that any particular averment introduced by way of an amendment had the effect of introducing a totally new allegation of corrupt practice not previously pleaded in the election petitions
Yet if the appellants can point out any inconsistency the High Court will remove the same
These were all the submissions made before us
We have dealt with them in extenso and have clarified the legal position
We have suggested certain modifications in the impugned orders and have indicated the course of action to be adopted by the High Court
We need not recapitulate the modifications and the future course of action
The impugned order of the High Court in each petition will stand modified to the extent it is inconsistent with the legal position explained hereinabove
The High Court will pass appropriate orders to remove the inconsistencies
The appeals will stand allowed only to the extent of the modificationsdirections made by this order with no order as to cost in each election petition
VPR Appeals partly allowed


Summary:
A Writ Petition filed by the Petitioner Committee a body of Advocates praying for directions to be issued to the Union government and the Chief Justice of India in connection with the enquiry into allegation of misconduct made against a sitting Judge of the Supreme Court pertaining to his conduct as Chief Justice of a High Court raised certain questions as to the validity and implementation of the action of the Speaker of the Lok Sabha in admitting a notice of motion moved by the Members of Parliament under Article 1245 of the Constitution of India 1950 read with 
Some intervention applications opposing the Writ Petition and some other Writ Petitions more of less endorsing the Government s stand raising the question as to whether the motion in question survived the dissolution of the Lok Sabha or not were also filed
Praying for interim direction which was identical with the prayer in main Writ Petition it was urged on behalf of the Petitioner Committee that having regard to the dire need of maintaining public confidence in the institution and its reputation as apex Court it was necessary that the concerned Judge should abstain from discharging judicial functions during the pendnecy of the enquiry and a direction should be issued accordingly or pending disposal of the Writ Petition the Union Government should be directed to afford all necessary facilities to the Committee for smooth and efficient functioning
Directing expeditious hearing of the Writ Petition and connected matters this Court 742 HELD 11 Having regard to the nature and importance of the issues involved it is appropriate that the main matter along with the connected writ petitions is heard as expeditiously as possible
Accordingly this matter should be listed on July 9 1991 and hearing of the matters proceeded with day to day until conclusion
744D 12 In the circumstances it is not appropriate to embark upon an examination of the prayer for interlocutory relief
However the Court s disinclination to issue any interlocutory orders at this stage should not be construed as an expression of opinion on the merits of the issues either way and as an interdiction of the functioning of the Committee if the Committee otherwise considers appropriate to proceed with the matter
744E F