Case: Abdulrasakh Vs. K.P. Mohammed &amp; Others

respect of issue Nos.1 to 7. The preliminary issues are reproduced as under:"1. Whether the election petition is barred by limitation?2. Can the defects in the election petition be permitted to be cured after the period of limitation prescribed under Section 81 of the Representation of People Act?3. Can the election petition be returned to the petitioner for curing defects after the period of limitation prescribed under Section 81 of the Representation of People Act?4. Is there power in this Court to permit representation delay to be condoned when the original delay in presenting election petition itself is not permissible to be condoned and when there is no provision for any delay condonation?5. Whether the defects cured and corrections made in the election petition after the period of limitation will relate back to the date of its presentation?6. Whether defects cured and corrections made in the election petition after presentation are permissible and in compliance with the mandatory requirements as provided in Sections 81 & 83 of the Representation of People Act and Rules framed thereunder?7. Whether the election petition is maintainable for noncompliance of mandatory requirements as provided in Sections 81, 82, 83 & 117 of the Representation of People Act and Rules framed thereunder and other requirements of law?"13. The learned single Judge then on examination of the record opined that the Registry, after presentation of the petition on 1.7.2016 had not returned the petition to the first two respondents but was posted before the Bench as per the correct practice, which passed the order dealing with the objections. On curing of the minor defects, notice was issued to the appellant.14. The Kerala High Court Rules (Rule 210) itself provided for scrutiny by the Judge assigned to the case and not by the Registry. There was no violation of this Rule. The defects were also cured only after 18.7.2016. The contents of the conversation recorded in the mobile phone have been produced as annexures and CDs and the mobile phones were themselves produced. The question of admissibility of evidence would, thus, have to be examined at the stage of trial. Similarly the photocopy of a photograph could only be a copy taken from mobile phone and at this stage it could not be said that it did not truly represent the contents of what was recorded in the mobile phone, which was again a matter of evidence.Conclusion:15. We have examined the submissions of the learned counsel for the parties and do not find any merit in the appeal. The minor corrections permitted to be made vide order dated 18.7.2016 are by the Court. A mountain out of a molehill has been made without appreciating the office notings in the true perspective. The Registry was fully conscious that the eight defects pointed out by it could not be permitted to be cured by the Registry itself and that is why the matter was directed to be placed before the concerned Judge as an unnumbered election petition. On 18.7.2016, the learned Judge did not find merit in some of the objections pointed by the Registry and to the extent some minor corrections were required, which were not material, one weeks time was granted to respondent Nos.1 & 2 to carry out the corrections. The needful was done within the stipulated time and it is thereafter that notices were issued to the appellant.16. The whole premise of the plea of the appellant is based on the Registry permitting corrections to be made is, thus, fallacious and, thus, the presentation of the petition cannot be said to be beyond time stipulated in Section 81(1) of the said Act. There was, in fact, really no occasion in these facts for the Court to examine the Registry officer as was done in the case of Sahodrabai Rai 17. The issue of supply of copies has also been appropriately dealt with as copies of a transcript and the CD were supplied as also the translation thereof. This is not the stage to verify as to whether the translation correctly reflects what was said. In any case it would be a doubtful proposition whether it was mandated that a translation should also be filed that being possibly a part of the requirement of the High Court Rules since the record had to be in English. It has rightly been observed that the phone has been filed and keeping the phone in a sealed cover or the allegation of non-supply of the chip alleged to be violative of Section 81(3) of the said Act is not a plea which can be accepted. At best these are all matters for trial.18. We are conscious of the fact that the law relating to election is a technical one as it amounts to a challenge laid to the democratic process determining the will of the people. An eligible person whether a candidate or a voter coming to Court, seeking to set aside any election has to, thus, meet with the technical natures of the election petition and the provisions prescribed under the said Act as otherwise it would be fatal to the election petition at the threshold itself. It is in these circumstances that the principles have been succinctly set out in Mithilesh Kumar Pandey. The observations in that case provide for clerical and typographical errors to be corrected. Thus, issues like mentioning of the correct number of annexures or tagging with the file, etc. would all fall within the said Section.19. Similarly copies of the documents have been supplied to the appellant and multiple copies of the phone or the chip (which is kept in a sealed cover) are not mandated to be supplied when the material relied upon in the phone has been reproduced in CD and a transcription also provided. The defence of the appellant cannot be said to be impaired in any manner.20. We are, thus, of the unequivocal view that the pleas advanced on behalf of the appellant are meritless and deserve to be rejected.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]14. The Kerala High Court Rules (Rule 210) itself provided for scrutiny by the Judge assigned to the case and not by the Registry. There was no violation of this Rule. The defects were also cured only after 18.7.2016. The contents of the conversation recorded in the mobile phone have been produced as annexures and CDs and the mobile phones were themselves produced. The question of admissibility of evidence would, thus, have to be examined at the stage of trial. Similarly the photocopy of a photograph could only be a copy taken from mobile phone and at this stage it could not be said that it did not truly represent the contents of what was recorded in the mobile phone, which was again a matter of evidence.The issue of supply of copies has also been appropriately dealt with as copies of a transcript and the CD were supplied as also the translation thereof. This is not the stage to verify as to whether the translation correctly reflects what was said. In any case it would be a doubtful proposition whether it was mandated that a translation should also be filed that being possibly a part of the requirement of the High Court Rules since the record had to be in English. It has rightly been observed that the phone has been filed and keeping the phone in a sealed cover or the allegation ofof the chip alleged to be violative of Section 81(3) of the said Act is not a plea which can be accepted. At best these are all matters for trial.18. We are conscious of the fact that the law relating to election is a technical one as it amounts to a challenge laid to the democratic process determining the will of the people. An eligible person whether a candidate or a voter coming to Court, seeking to set aside any election has to, thus, meet with the technical natures of the election petition and the provisions prescribed under the said Act as otherwise it would be fatal to the election petition at the threshold itself. It is in these circumstances that the principles have been succinctly set out in Mithilesh Kumar PandeyThe observations in that case provide for clerical and typographical errors to be corrected. Thus, issues like mentioning of the correct number of annexures or tagging with the file, etc. would all fall within the said Section.19. Similarly copies of the documents have been supplied to the appellant and multiple copies of the phone or the chip (which is kept in a sealed cover) are not mandated to be supplied when the material relied upon in the phone has been reproduced in CD and a transcription also provided. The defence of the appellant cannot be said to be impaired in any manner.20. We are, thus, of the unequivocal view that the pleas advanced on behalf of the appellant are meritless and deserve to be rejected.