Election petition true copy requirement failed where the served affidavit omitted notary endorsement, designation and stamped affirmation.

A copy of an election petition served on the returned candidate must be a faithful and complete copy of the composite pleading, including the supporting affidavit in a corrupt practice case, under Sections 81, 83 and 86 of the Representation of the People Act, 1951 and Rule 94-A of the Conduct of Election Rules, 1961. Omission of the notary's endorsement, designation and stamped affirmation was treated as a material defect because it deprived the respondent of knowing whether and how the affidavit was sworn. The defect was not regarded as a mere clerical or typographical error, and substantial compliance could not be inferred; the copy was therefore not a true copy within Section 81(3).

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Issues: Whether the copy of the election petition served on the returned candidate was a true copy within the meaning of Section 81(3) of the Representation of the People Act, 1951 despite the absence from the copy of the affidavit of the notary's endorsement, designation, and stamped affirmation.

Analysis: The copy of the election petition had to be tested in the light of Sections 81, 83 and 86 of the Representation of the People Act, 1951 and Rule 94-A of the Conduct of Election Rules, 1961. The affidavit filed in support of allegations of corrupt practice forms part of the election petition, and the copy served on the returned candidate must therefore be a faithful and complete copy of that composite document. A defect that prevents the respondent from knowing whether the affidavit was duly sworn, before whom it was sworn, and with what authentication, is not a mere clerical or typographical error. The omission of the notary's endorsement, designation, and stamped affirmation was treated as a vital omission capable of causing prejudice, and substantial compliance could not be inferred.

Conclusion: The copy served on the returned candidate was not a true copy within Section 81(3); the preliminary objection was upheld and the election petition was liable to be dismissed.

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