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Issues:
Interpretation of provisions under s. 81 and s. 82 of the Representation of the People Act regarding the supply of copies of documents and schedules in an election petition. Analysis: The Supreme Court addressed a petition challenging the rejection of an application to dismiss an election petition under s. 86 of the Representation of the People Act. The key issue was whether the failure to supply copies of documents and schedules with the election petition warranted the dismissal of the petition. The Court considered the mandatory provisions of s. 81(3) of the Act, which require the petition to be accompanied by copies for each respondent, attested by the petitioner. The Court confirmed that these conditions were met in the case at hand, emphasizing that the documents need not be served on the respondent but could be inspected in court. The petitioner argued that documents and schedules were integral to the petition and should have been served, failing which the petition should be dismissed under s. 86. However, the Court disagreed, stating that the provisions of ss. 81 and 82 were fulfilled without the need to serve the documents separately. The Court cited a previous decision to support this interpretation, highlighting that stringent provisions must be strictly construed to uphold the Act's objective. The Court differentiated between documents serving as evidence and those integral to the petition, emphasizing that not every document produced as evidence becomes part of the election petition. It referenced another case to clarify that sub-section (2) of s. 83 applies only to schedules or annexures that are integral parts of the petition. The Court rejected the petitioner's reliance on a subsequent decision, affirming that the earlier interpretation remained valid and consistent. Ultimately, the Court upheld the High Court's decision, stating that no interference was warranted as the issue had been conclusively settled by prior authorities. The petition was dismissed based on the established legal principles and interpretations of the relevant statutory provisions. In conclusion, the Supreme Court's judgment clarified the requirements for election petitions under the Representation of the People Act, emphasizing strict construction of statutory provisions and distinguishing between documents integral to the petition and those serving as evidence. The decision reaffirmed the necessity of complying with the Act's provisions while interpreting the obligations regarding the supply of copies of documents and schedules in election petitions.
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