Section 81

The Supreme Court upheld the Madras High Court's dismissal of an election petition against a 2026 Tamil Nadu Assembly result because it was presented by the petitioner's counsel, not by the petitioner. Section 81(1) of the Representation of the People Act, 1951 requires presentation 'by' the petitioner, non-compliance means dismissal under Section 86(1), and the High Court's rule requiring presentation in person is valid (paras 6-7, 18-19, 24).

The Rajasthan High Court rejected, under Order VII Rule 11 CPC, an election petition against the returned candidate for the Hanumangarh Assembly constituency. The petition alleged that 17 criminal cases were not disclosed but gave no FIR numbers, police stations or courts; the Court held that such bald pleadings disclosed no cause of action (paras 31-32, 37, 42, 47-48). A typing error citing non-existent 1967 Rules could be corrected (paras 28-30).

The Rajasthan High Court dismissed, with costs, an election petition challenging the election of the returned candidate from the Barmer Parliamentary Constituency in 2019. The petitioner, dismissed from the Indian Police Service on 19.02.2019, had filed his nomination without the Election Commission's certificate under Section 33(3) of the Representation of the People Act, 1951. The Returning Officer had no option but to reject it, and a certificate issued after scrutiny could not change that (paras 39, 41, 45, 47).