Summarize the following court judgment. Appeal No. 971 of 1963. Appeal by special leave from the judgment and order dated April 15	 1963 of the Andhra Pradesh High Court in Writ Petition No. 1096 of 1962. P.A. Chaudhury and T. V. R. Tatachari	 for the appellant. 215 H.N. Sanyal	 Solicitor General and P. Ram Reddy	 for respondent No. 3. January 13	 1964. The Judgment of the Court was delivered by AYYANGAR J. This is an appeal by special leave against a judgment of the High Court of Andhra Pradesh by which a Writ Petition filed by the 3rd Respondent K. Brahmananda Reddy was allowed and an Election Petition filed by the appellant was directed to be dismissed. The facts giving rise to the proceedings with which the appeal is concerned are briefly as follows: At the General Elections held in the month of February 1962 for the Legis lative Assembly Constituency of Phirangipuram in Guntur District in Andhra Pradesh the third respondent Brahamananda Reddy and one Chandramouli	 the 2nd respondent before us	 were the contesting candidates. The polling at the Election took place on the 26th February 1962 and the Returning Officer declared Brahmananda Reddy	 elected as having obtained	 the majority of valid votes. Thereafter	 the appellant who is a voter on the rolls of the said Consti tuency filed an Election Petition before the Election Com mission on April. 11	 1962 under section 81 of the Representation of the Peoples Act	 1951	 which we shall refer to as the Act. There was no formal defect in the petition	 it was accompanied by the requisite number of copies provided for by the Act and also by the treasury receipt evidencing the deposit of the requisite sum for security as provided by section 117 of the Act. The grounds on. which the election was sought to be set aside were various and included inter alia allegations of corrupt practices against the returned candi date as well as his election agent	 as also several irregularities in the polling by having the votes of dead voters recorded as well as by double voting. 'Me petition was received by the Commission	 who after satisfying itself that it was in conformity with the Act had a copy of the petition published in the Official Cazette on May 17	 1962 as provided by section 86 of the Act. In due course	 an Election Tribunal was constituted and the petition was referred to the Tribunal for trial. The returned candidate Brahmananda Reddy filed 216 his Written Statement on September 15	 1962 in which the allegations of fact made in the petition were denied. Be sides what might be termed the merits of the allegations in the election petition	 Brahmanda Reddy raised by his Written Statement several technical objections pointing out certain defects in the petition. This appeal is not concerned either with these technical defects in the election petition or with the defence raised on the merits to the charges that were formulated in it. The merits have yet to be tried	 and as regards the technical objections to the petition raised in the Written Statement dated September 15	 1962	 they have been disposed of by the High Court and the same are not before us. A few days later on September 24	 1962	 Brahmananda Reddy filed a further Statement of objections to the petition raising mostly objections of a technical nature and of these the only objections which is the subject matter of the present appeal is that contained in paragraph 2 which reads	 and we quote the material words: "It is further submitted on behalf of the 1st respondent that the above petition filed u/s 81 of the Act is not an Election Petition. . As the requirements of section 81(3) of the Act are not complied with	 the petition is	 therefore	 liable to be dismissed u/s 90(3) of the Act as it does not comply with the provisions of sec. 81 of the Act. . . This second statement contained a prayer that in view of the technical objections	 the maintainability of the petition might be decided as a preliminary issue as the objections went into the root of the matter. Paragraph (2) extracted earlier is somewhat vague but in the arguments before the Tribunal it was explained as indicating an objection alleging non compliance with section 81 (3) of the Act which runs: "Every election petition shall be accompained by as many copies thereof as there are respondents. mentioned in the petition and one more copy for the use of the Election Commission	 217 and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. " We shall refer later to the precise defect which was relied on in support of the case that there was a non compliance with this provision. The Tribunal acceded to this request and by its order dated November 7	 1962	 it decided the preliminary objections including the one just now mentioned in favour of the election petitioner and fixed a date for the trial of the petition on the merits. Brahmananda Reddy thereupon moved the High Court under Article 226 of the Constitution and prayed for the issue of the Writ quashing this decision of the Tribunal and sought the dismissal of the election petition for non compliance with the provisions of the Act. The learned Judges of the High Court disallowed the other technical objections raised	 but held that the petition did not comply with the requirements of section 81(3) of the Act and for this reason they	 directed the dismissal of the Election Petition. Ile appellant thereafter has filed this appeal after obtaining special leave from this Court. The subject of controversy in this appeal lies in a very narrow compass. But before we deal with it	 it will be convenient to specify the precise defect which the learned Judges have held to be fatal to the maintainability of the Election Petition. As stated earlier	 the Election Petition filed was accompanied by the number of copies required to accompany the petition under section 81(3). The Election Petition was type written and the copies which accompanied the petition were carbon copies of the type script	 so there was no question of the copies being other than 'true ' copies. The copies bore two signature in original of the Election Petitioner authenticating both the contents of the petition as well as the verification thereof. The Petitioner did not however insert the words 'true copy ' before or above his signatures. The learned Judges of the High Court considered that this rendered the petition one not in accordance with section 81(3) of the Act and it is on this ground that the Election	 Petition filed by the appellant has been dismissed and it is the correctness of this decision that is convassed in the appeal before us. In view of the arguments addressed to us it would be necessary to set out a few of the relevant provisions of the	 Act which bear upon the points urged	 but before doing so we shall refer to article 329 of the Constitution which pro vides: ". . . 329(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. " In accordance with this. we have the provisions of the Act and	 particularly those contained in Part VI commencing with section 79. Section 80 repeats the provision in the Constitution already extracted and enacts : "No election shall be called in question except by an election petition presented in accordance with the provisions of this Part. " Section 81 deals with the presentation of petitions. It runs: "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 (i) of section 100 and section 101 to the Election Commission 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. 219 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. (2) An election petition shall be deemed to have been presented to the Election. Commission: (a) when it is delivered to the Secretary to the Commission or to such other officer as may be appointed by the Election Commission in this behalf (i) by the person making the petition	 or (ii)by a person authorised in writing in this behalf by the person making the petition; or (b) when it is sent by registered post and is deli vered to the Secretary to the Commission or the officer so appointed. (3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one more copy for the use of the Election Commission	 and	 every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition." Before	 proceeding further it is necessary to advert to the history of the provision in sub section (3) for learned counsel for the respondents laid some store by the object with which the provision was introduced. As enacted in 1951	 section 81 contained only two sub sections	 the first deal ing with the time within which a petition had to be filed and the second with the person or authority and the manner in which the petition had to be presented in order to cons titute the presentation one to the Election Commission. At that date the Election Commission	 after scrutinizing the petitions to ascertain whether there were any formal defects	 had itself to make copies for being served on the respondents. To avoid this trouble and inconvenience to the Commission and the delay which the making of such copies 220 necessarily involved	 sub section (3) which we have set out earlier was introduced into section 81 by an amendment affected by Act XL of 1961. The point made	 based on this feature	 we shall reserve for later discussion. Section 82 deals with the parties who are to be impleaded in the petition and section 83 with the contents of the petition. section 83(1)(c) enacts: "An election petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure	 1908	 for the verification of pleadings." subsection (2) requires a similar signature and verification of schedules or annexures to the petition. Section 85 empowers the Election Commission to dismiss a petition in certain contingencies. It reads: "85. If the provisions of section 81 or section 82 or section 117 have not been complied with	 the Election Commissi on shall dismiss the petition: Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard. " The succeeding sections deal with the trial of Election Petitions	 after making provision for the appointment of an Election Tribunal by section 86 but what is relevant in the pre sent context is section 90 and it is enough to quote the material words: (1) Subject to the provisions of this Act and of any rules made thereunder	 every election petition shall be tried by the Tribunal	 as nearly as may be	 in accordance with the procedure applicable under the Code of Civil Procedure	 1908	 to the trial of suits: Sub section (3) reads: The Tribunal shall dismiss an election petition which does not comply with the provisions of 221 section 81	 notwithstanding that it has not been dismissed by the Election Commission under section 85." The reasoning on which the learned Judges have based their decision shortly stated is this. It is the requirement of section 81(3) of the Act that an election petition should be accompanied by the number of copies specified there	 and equally so that the copies so accompanying "shall be attest ed by the petitioner under his own signature to be a true copy of the petition". There was	 of course	 the signature of the petitioner on the copies	 but there was no attestation by him that "it was a true copy". This constituted a noncompliance with the requirements of section 81 which brought into play the terms of section 90(3) of the Act which required the Tribunal to dismiss a petition which did not comply with the provisions of section 81. Though the learned counsel for the appellant made several submissions	 we propose to deal with only one	 as the same is sufficient for the disposal of this appeal. This was that in the circumstances of the case there had been a sub stantial compliance with the requirements of section 81(3). Before	 however	 dealing with it	 it will be convenient to refer to some of the submissions made to us by the learned Solicitor General appearing for the contesting respondents. 'He submitted to us certain propositions which however we consider really unexceptionable. He said that an election petition was not to be equated to an action at law or in equity	 but that as the rights were purely the creature of statute	 if the statute rendered any particular requirement mandatory	 the courts possessed and could exercise no dis pensing power to waive non compliance. We consider these propositions are sound and it is in the light of these basic positions that we shall proceed to consider whether the 	omission to add the words "true copy" in the copies which were admittedly exact copies of the petition	 constituted a non compliance with section 81 (3) as to render the petition liable to be rejected under section 90(3) of the Act. Learned counsel for the appellant urged that the juris diction of the Tribunal under section 90(3) to dismiss 'an ele 222 tion petition which does not comply with the provisions of section 81 ' was attracted only if there was a defect in the peti tion itself and that a defect merely in the copy accompanying the petition would not be a case of a "petition not complying with the provisions of section 81" so as to require or even permit the Tribunal to dismiss the petition. In support of this submission	 the difference in the language employed in section 85 and section 90(3) of the Act in the matter of making reference to the requirements of section 81 was adverted to. Besides	 it was pointed out that both section 90(3) and before it section 90(4) were in their present form making refer ence to section 81 when the latter section did not contain the third sub section relating to copies accompanying the petition	 and that the content of section 90(3) should not be held enlarged because in 1961 sub section (3) was added to section 81 particularly because the language of section 90(3) was not altered to reflect the change. We are not impressed by this argument. When section 81 (3) requires an election petition to be accompanied by the requisite number of copies	 it became a requirement for the presentation of the election petition to the Commission	 and therefore a condition precedent for the proper presentation of an election petition. If that is a requirement of section 81	 no distinction can be drawn between the requirements of sub sections (1) and (2) and of sub section (3). We might add that if there is a total and complete non compliance with the provisions of section 81(3)	 the election petition might not be "an election petition presented in accordance with the provisions of this Part" within section 80 of the Act. We are therefore inclined to consider that if there had been such a non compliance with the requirement of sub section (3) not merely the Election Commission under section 85 but the Election Tribunal under section 90(3) would prima facie not merely be justified but would be required 'to 'dismiss the election petition. This takes us to the point as to whether the requirement of section 81(3) has been complied with or not. The principal submission of the learned Solicitor General was based the language employed in section 81(3) of the Act read in 223 the light of the direction contained in section 90(3) which cast on the Tribunal the duty to dismiss an election petition which did not conform to the requirements of the former. In particular	 he laid stress on the use of the imperative 'shall in section 81(3) when denoting the requirement of "attes tation" "under the petitioner 's signature" of the copy bearing the signature being a "true copy". It was in this connection that he pointed out that the provision for properly attested copies of the petition accompanying the petition was introduced by the amendment effected in 1961	 and the object of Parliament was two fold; first to save the time and inconvenience which the previous procedure cast on the Election Commission	 of itself having to make copies for service on the respondents	 and secondly by this means to expedite the conclusion of the trial of an election petition. He submitted that the attainment of these objects would be entirely frustrated if the respondents on whom these copies were served had still to make enquiries to satisfy themselves whether the copies were true copies	 without the same being asserted to be so on their face. In support he referred us to the decisions in Noseworthy vs Overseers of Buckland etc. (1) and in Spice vs Bacon (2 ) as illustrating the degree of strictness and literal compliance which was insisted on by courts in regard to provisions of like character. The first of these cases was a registration appeal and the Act provided that a person who objected to a voter 's quali fication might be heard in support of his objection if he had given notice to the voter and the manner of giving notice was by sending it by post addressed to his place of abode "as described". It was held that a notice by post addressed correctly but not to the address "as described" was not a compliance with 'the requirement and that in consequence the objector could not be heard. We do not consider that this decision lays down any hard and fast rule or principle of construction which is attracted 'to every case where a statute calls for interpretation. In ultimate analysis the question is one of the construction of the relevant provision of the particular statutes which proceeds on the basis. of the words used understood in the context of the statute. (1) L.R. 9 C. P. 233. (2) L.R. a exhibit D. 463. 224 The second case raised a question as to the meaning of the word "true copy" in the Inn keepers ' Liability Act 1863	 which required that in order to obtain the benefit of the limitation of liability conferred by the Act	 a "copy" of the Act had to be exhibited at the Inn. The copy which was exhibited omitted some material words of the section which was required to be exhibited. The Court held that when a claim was made on the inn keeper for loss sustained by a guest	 he could not claim the benefit of the statute. We are unable to appreciate the relevance of this decision. It turned on what was meant by the word 'copy ' in the Act and the portion which was omitted in the copy exhibited was a material portion. There is no doubt that such a 'copy ' which differs in material particular from the original is not a `copy ' within the Act. In this connection we might make a reference to the decision of this Court in Murarka vs Roop Singh(1) where the question as to what is a "copy" is elaborately discussed and some of the English decisions touching this matter have been set out. We shall have occasion to refer to Murarka 's case later	 but for the present we need only add that the decision relied on by the Solicitor General is not at variance with what this Court has laid down in Murarka 's case. The next matter to be considered stems from the submission as regards the object of Parliament in enacting sub section (3) of section 81 and that expeditious disposal of election petitions which was the object would be frustrated if sub stantial compliance with the provision was held sufficient. We are not impressed with this argument. While we are conscious of the need for expeditious disposal of election petitions	 and for the strict enforcement of provisions designed to achieve this purpose	 we cannot be oblivious to the circumstance that to read every requirement literally might equally defeat the purpose for which Part VI is inten ded	 viz.	 that elections are conducted in accordance with the relevant statutory provisions framed to ensure purity and orderliness and that the candidate who has not obtained a majority of valid votes or has obtained it in flagrant (1) ; 225 breach of the statutory provisions in not held entitled to represent the constituency. The Court had to deal with a similar question of inter pretation of words which appeared mandatory in Kamaraj Nadar vs Kunju Thevar(1). One of the points which arose for consideration was whether the requirement of section 117 of the Act which then required the petitioner to enclose with the petition a Government treasury receipt of Rs. 100 in favour of the Secretary to the Election Commission had been complied with by the election petitioner and section 90(4) of the Act which corresponded substantially to the present section 90(3) required the Election Tribunal to dismiss a petition which did not comply with the provision	 inter alia	 of section 117. The petitioner in that case had made the deposit of the requisite amount in the institutions named in the section but the deposit was made in favour of the Election Commission and not in favour of the Secretary to the Com mission as required by statute. It was contended that the petition did not conform to the provisions of section 117 and had therefore to be dismissed by the Tribunal. This Court rejected this submission and after adverting to the purpose of the provisions	 held that this was fulfilled by the deposit made and that though the requirement as to deposit was mandatory	 the same was complied with by the deposit made. We consider that this reasoning is not irrelevant to the construction of section 81(3) of the Act either. In this connection we might refer to the decision of this Court in Murarka vs Roop Singh (2) in which this Court had to consider a question closely related to that now under debate. That case was also concerned with certain defects similar to what we have in the appeal before us. The defects which were there relied on by the returned candidate as justifying or requiring the dismissal of the Election Petition fell into several categories which included non compliance with the requirements of section 81(3). There	 as here	 the petition was accompanied with the re (1)[1959] S.C.R. 583. (2) ; 134 159 S.C 15 226 quisite number of copies as specified in section 81(3) but what was urged was as regards certain defects in the copies filed. These defects fell into two types. First there were two matters which it was stated rendered the copies filed not 'true copies '. If the expressions 'copy ' or 'true copy ' were read as exact copies of the original	 the copies filed did not satisfy that test. The two defects were: (1) The original petition contained the signature of the petitioner at the foot of the petition as required by section 83 (1) (c) of the Act. In the copy filed there was no copy of this signature. To that extent therefore the copy was not an exact copy. The second matter under this head was that the verification in the copy served on the appellant did not exactly correspond to that in the original in that in the latter one of the paragraphs was stated to be true to the personal knowledge of the petitioner while in the former that paragraph was omitted from this group. The other type of defect which was claimed to constitute noncompliance with section 81(3) was that the words 'true copy ' with the signature of the petitioner underneath were not put down in one of the annexures to the petition	 copies of which were annexed to the copies of the petition filed. The order of the Returning Officer rejecting the nomination paper of the petitioner was filed with the original petition as an annexure to it	 and certified copies of that order were annexed to the copies of the petition. But this certified copy did not contain an endorsement stating that it was a 'true copy ' with the signature of the petitioner. The High Court had held that so far as the defect in not reproducing the signature in the petition was concerned	 it was cured by the fact that every page of the copy of the petition was attested to be a true copy and therefore it would not matter if the last page did not contain the signature. As regards the second	 the High Court held that the failure to include the paragraph in the verification was only a clerical defect which had crept in through oversight and as regards the other that it was no defect at all. This decision was upheld by this Court holding that the word copy in section 81(3) meant a copy which was substantially so and which did not 227 contain any material or substantial variation. By 'copy ' in section 81(3) was meant not an exact copy but only one so true that nobody by any possibility misunderstands it not being the same as the original. Applying this test	 this .Court came to the conclusion that there was no failure to comply with the last part of section 81(3)	 with the result that section 90(3) of the Act was not attracted. This Court besides left open the question as to whether any part of section 81(3) was directory or whether any portion of it was mandatory. In the present case also	 we do not propose to deal with the larger question as to whether section 81(3) or any portion of it is merely directory. In view of the decision of this Court it would be clear that if there is a substantial compliance with the requirement of section 81(3)	 the election petition cannot be dismissed by the Tribunal under section 90(3). The question then is whether on the facts above stated	 there is or is not a sufficient and substantial compliance with section 81(3). We have already pointed out that the appellant has complied with the following requirements: (1) The petition has been accompanied by the requisite number of copies. (2) The copies that accompanied the petition were true copies. (3) Each of those copies bore the signatures of the petitioner. If the signature of the petitioner whose name is set out in the body of the petition is appended at the end	 surely it authenticates the contents of the document. Now in regard to this the learned Judges of the High Court themselves ob served after referring to the terms of section 81(3): "No doubt	 what is necessary is a substantial compliance with the requirement of attestation. For instance	 if it is proved that the election petitioner has signed animo attestendi	 and omitted the words 'true copy ' by mistake or inadvertently	 there is a substantial requirement of the compliance of section 81(3). The 228 same may be said if the relative positions of the words 'true copy ' and of the signature one below the other are not correct. " They however held that as there was no evidence of the sig nature having been appended animo attestendi	 there was non compliance with section 81(3). The learned Solicitor General while not disputing the correctness of the observations of the learned Judges just extracted pressed upon us that the signature at the end of the copy was meant only as a copy of that in the original petition and could not satisfy the requirement as to attestation of the copy. He also submitted that the position would have been different if there were two signatures instead of one at the end of the copy	 even if the words 'true copy ' were omitted to be put down. In that case	 he said	 one signature could be treated as representing the copy of the signature on the original and the other might be taken to have been made animo attestendi. We do not however consider that there is really need for so much refinement when one has to look at whether there is a substantial compliance with section 81(3)	 seeing that a signature in origisignatures now found on the copies were intended to authenticate the document to which it is appended	 viz.	 the copy	 it would only mean that the copy did not reproduce the signature in the original. There is no compelling necessity to hold that the signatures were merely intended to be a copy of those on the original in order to spell out a noncompliance with the requirement of this provision. If the nal was not needed on the copy and a writing copying out the name of the signatory would suffice. The decision of this Court in Murarka 's case(1) is authority for the position that the absence of a writing in the copy indicating the signature in the original would not detract the copy from being a true copy. In the circumstances	 we consider that there has been substantial compliance with the requirement of section 81(3) in the petition that was filed by the appellant and the learned Judges were in error in directing the dismissal of the petition. The appeal is accordingly allowed and the order of the High Court dismissing the petition is set aside. As owing (1)[1964] 3 section R. 573 229 to the filing of the Writ Petition there has been a considerable delay in the trial of the Election Petition	 we express the hope that the petition would be heard and disposed of at an early a date as is conveniently possible. The appellant will be entitled to his costs here and in the High Court which will be paid by the contesting third respondent. Appeal Allowed.

The third respondent was declared elected to the Legislative Assembly of Andhra Pradesh in the general election held in 1962. The appellant	 a voter of the constituency filed an election petition challenging 214 the election of the third respondent on several grounds including corrupt practices. The petition was accompanied by the requisite number of copies which were true copies and each of them bore the signature of the petitioner. But there was no attestation at the foot of the copies that they were true copies. The third respondent raised various preliminary objections and the Election Tribunal rejected all of them. Thereupon he filed writ petition in the High Court praying for the issue of a writ quashing the Tribunal 's order. His main contention was that since the copies of the petition did not contain an attestation stating that the copies were true copies there has been a violation of the mandatory provision of section 80(3) of the Representation of the People Act	 1951. The High Court accepted the contention and issued a writ as prayed for. The present appeal was filed with special leave granted by this Court. HELD:(i) If there is a total or complete non compliance with the provisions of section 81(3) the election petition might not be "an election petition presented in accordance with the provisions of the part" withins. 80 of the Act. (ii)By the expression "copy" in section 81(3) it was meant not an exact copy but only one so true that nobody by any possibility misunderstands it not being the same as the original. Murarka vs Roop Singh ; 	 referred to. Noseworthy vs Overseers Buckland etc.	 L.R. 9 C. P. 233 and Spice vs Bacon	 	 distinguished. (iii)In the present case the signatures on the copies cannot be held to have been merely intended to be a copy of those on the original	 since a signature in original was not needed on the copy and writing or copying out the name of the signatory would suffice. The absence of a writing in the copy indicating the signature in the original would not detract the copy from being a true copy. The facts and circumstance of the case show that there has been a substantial compliance. with the requirement of section 81(3). The wider question whether section 81(3) or as part thereof is mandatory or directory is left open. The appeal is allowed. Murarka vs Roop Singh ; and Kamaraj Nadar vs Kunjer Thevar	 followed.