Personal presentation of election petitions required; filing only through an advocate does not satisfy statutory compliance.

An election petition under Section 81(1) of the Representation of the People Act, 1951 must be presented personally by the candidate or elector, because the Act is a special self-contained code and its filing requirements are to be strictly construed. Presentation through an advocate alone, without the petitioner's presence before the authorised officer, does not satisfy the statutory mandate of filing the petition "by" the petitioner. The requirement supports preliminary verification and helps deter frivolous or vexatious election challenges. Decisions treating similar defects as substantial compliance were distinguished on the facts. The dismissal of the election petition was upheld.

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Issues: Whether an election petition under Section 81(1) of the Representation of the People Act, 1951 must be presented personally by the candidate or elector, and whether presentation through an advocate without the petitioner's presence satisfies the statutory requirement.

Analysis: Section 81(1) permits an election petition only by a candidate or elector within the prescribed time, and Section 86(1) directs dismissal for non-compliance with Section 81. The Act is a special self-contained code governing election disputes, so its procedural requirements must be strictly construed. The requirement that the petition be presented "by" the petitioner was read as demanding personal presentation to the authorised officer of the High Court, enabling preliminary verification and helping prevent frivolous or vexatious challenges. Prior decisions recognising substantial compliance were distinguished on facts because, in those cases, the petitioner was present at presentation; here, the petition was filed only through an advocate and the petitioners were absent.

Conclusion: The election petition had to be personally presented by the candidate or elector, and presentation only through an advocate without the petitioner's presence did not satisfy Section 81(1). The dismissal of the election petition was upheld, and the appeal failed.

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