Election petition service requirements: annexures filed as evidence need not be served with the petition itself for dismissal.

For service under the election law, the compulsory requirement was limited to serving true copies of the election petition itself on the respondents, and the associated schedules or annexures filed as evidence were not treated as integral parts of the petition for mandatory service. The statutory requirements regarding material facts, particulars of corrupt practice, verification, affidavit, and signed schedules were otherwise satisfied on the facts. The petition was therefore not liable to be rejected in limine for non-service of the annexures, and the refusal to dismiss it was upheld.

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Issues: Whether an election petition was liable to be dismissed in limine for non-service of copies of schedules and annexures along with the copy of the petition under the election law provisions.

Analysis: The statutory requirement was confined to service of as many copies of the election petition as there were respondents, with each copy attested as a true copy. The further requirements regarding material facts, particulars of corrupt practices, verification, affidavit, and signed schedules or annexures were also satisfied on the facts. The schedules and documents accompanying the petition were not treated as forming an integral part of the election petition for the purpose of compulsory service. A prior decision on the same statutory scheme had already held that documents produced as evidence are not part of the petition itself, and the later decision relied on by the petitioner did not depart from that principle.

Conclusion: The petition was not liable to be rejected in limine, and the High Court's refusal to dismiss the election petition was upheld.

Ratio Decidendi: For the purpose of service under the election law, only the election petition itself and the statutory copies required by the provision must be served, and documents or schedules filed merely as evidence are not automatically an integral part of the petition so as to attract dismissal for non-service.

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