The Supreme Court of India, in a recent verdict, addressed crucial aspects surrounding electoral petitions and their compliance with the Representation of the People Act, 1951. The case pertained to the contested election of the 15th Kerala Legislative Assembly, where the appellant emerged victorious with a margin of 992 votes over the respondent. However, the respondent challenged the election outcome by filing an Election Petition before the Kerala High Court under the Act of 1951, seeking to nullify the appellant's victory.

Central to the appellant's defense were preliminary objections, alleging that the copies of documents served on them in the election petition were not true copies and lacked attestation. However, the appellant failed to substantiate this claim by providing a copy of the petition. In response, the Court delved into the issue of whether the election petition against the appellant warranted rejection.

The bench of Justices Aniruddha Bose and Sanjay Kumar underscored the principle that non-compliance with Section 83 of the Act of 1951 does not render an election petition fatal. They emphasized that Section 86(1) of the Act only deems non-compliance with Sections 81, 82, or 117 as grounds for immediate dismissal. Defects arising from non-compliance with Section 83 were deemed curable, establishing a precedent in electoral jurisprudence.

Representing the appellant, AOR Romy Chacko argued for the importation of Rule 212 of the Rules of the High Court of Kerala, 1971, into Section 81(3) of the Act of 1951. However, the Court rebuffed this contention, asserting that statutory provisions must be interpreted as they stand without additional interpretation. The Court clarified that when a statute clearly outlines its requirements, it is impermissible to augment them with extraneous provisions.

Consequently, the Court found no merit in the objections raised by the appellant regarding the maintainability of the election petition. Upholding the order of the High Court, the Supreme Court dismissed the appeal, affirming the validity of the election petition and signaling adherence to statutory mandates in electoral matters.

Case: K. Babu v. M. Swaraj & Ors,

CIVIL APPEAL NO. 5975 OF 2023.

Click to read/download judgment.