Election petition presentation can be a ministerial act; authorised High Court staff may validly receive petitions.

An election petition under the Representation of the People Act, 1951 may validly be presented to an authorised Stamp Reporter of the High Court because receipt of the petition is a ministerial act, not an exercise of judicial power. Although the High Court alone has jurisdiction to try election petitions, presentation is distinct from adjudication, and the absence of an express provision naming the receiving officer does not create a legal void. Incidental and ancillary administrative powers may be inferred to make the court's substantive jurisdiction effective, and the existing High Court Rules and practice were treated as a valid basis for authorising receipt of such petitions.

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Issues: Whether an election petition under the Representation of the People Act, 1951 could validly be presented to the Stamp Reporter of the High Court, and whether such receipt was an impermissible exercise of judicial power.

Analysis: The statutory scheme under Article 329(b) and Sections 80, 80A, 81 and 86 of the Representation of the People Act, 1951 confers jurisdiction to try election petitions on the High Court, but presentation of the petition is distinct from trial. Receiving a petition is a ministerial act, not a judicial function, and may be carried out by an authorized officer of the High Court as part of its administrative machinery. The absence of an express statutory provision naming the receiving officer does not create a legal void, because incidental and ancillary powers necessary to make the substantive jurisdiction effective may be inferred. The existing practice and the High Court Rules were treated as a valid method of authorizing receipt of election petitions by the Stamp Reporter.

Conclusion: The presentation of the election petitions to the Stamp Reporter was valid, and the preliminary objection to maintainability failed.

Ratio Decidendi: Where a statute confers jurisdiction on a court, the court may exercise incidental and ancillary administrative powers necessary to make that jurisdiction effective, including authorizing a ministerial officer to receive the initiating petition when receipt is distinct from adjudication.

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