Distinction between failure to sign and verify pleading and failure to supply attested copy of pleading to other side
Legally there is a distinction between failure to sign and verify the original copy of the election petition filed in the Court and failure to attest the copy served on the respondent to be a true copy of the election petition. While the latter failure falls within the scope of Section 81(3), the earlier failure falls under sub-Section (1)(c) and sub- Section(2) of Section 83. While the failure to comply with the requirements of Section 81 obligates the High Court to dismiss the election petition, the failure to comply with the requirements of Section 83 is not expressly declared to be fatal to the election petition. The said distinction is explained by this Court in Manohar Joshi v. Nitin Bhaurao Patil and another = (1996) 1 SCC 169 paras 20 and 21T.
Supreme Court of India
Ajay Maken vs Adesh Kumar Gupta & Anr. on 11 December, 2012
https://www.lawweb.in/2013/06/distinction-between-failure-to-sign-and.html
