Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws – Chhattisgarh Panchayats (Election Petitions 1995 Corrupt Practices and Disqualifi cation for Membership) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Chhattisgarh Panchayat Raj Adhiniyam, 1993 (1 of 1994) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration : Whether the election petition fi led by thepetitioner before the Sub Divisional Offi cer seeking relief of recounting ofvotes alone, without seeking any relief under Rule 6 of the ChhattisgarhPanchayats (Election Petitions, Corrupt Practices and Disqualifi cation forMembership) Rules, 1995 was maintainable.Election Laws – Chhattisgarh Panchayats (Election Petitions,Corrupt Practices and Disqualifi cation for Membership) Rules, 1995 –r.6 – Relief that may be claimed by the petitioner –Election of Sarpanch– Election petition fi led before the Sub Divisional Offi cer u/s. 122 seekingrelief of recounting of votes alone, without seeking any relief u/r. 6 –Maintainability of:Held : Where a right or a liability is created by a statue, which givesa special remedy for enforcing it, the remedy provided by the statue must beavailed of – Furthermore, if a Statue provides for doing a thing to be done in aparticular manner, then it has to be done in that manner and in no other manner– s. 122 provides that an election under the said Act could be called in questiononly by a petition presented in the prescribed manner – Manner prescribedis in the Rules of 1995 – In r. 6, it has been provided that the petitioner mayclaim a declaration that the election of all or any of the returned candidatesis void; and in addition, thereto a further declaration that he himself or anyother candidate has been duly elected – In view of thereof, in the ElectionPetition fi led u/s. 122, the reliefs claimed have to be in consonance with ther. 6 – The court or tribunal may direct re-counting of votes in the ElectionPetition, depending upon the evidence laid down by the parties in the Election Petition – Petitioner having failed to make any application in writing for recountingof votes as required u/s. 80 of the 1995 Act, and having failed toseek relief of declarations as required u/r. 6, the Election Petition fi led by thepetitioner before the Sub Divisional Offi cer seeking relief of re-counting ofvotes alone was not maintainable – Chhattisgarh Panchayat Raj Adhiniyam,1993 – Chhattisgarh Panchayat Nirvachan Niyam, 1995. [Para 13 and 15]Election laws: Statutory provisions relating to election law –Interpretation of:Held: Jurisprudence on the subject mandates strict construction ofthe provisions – Election contest is not an action at law or a suit in equitybut purely a statutory proceeding, provision for which has to be strictlyconstrued. [Para 15] |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 712 |
Petitioner | Dharmin Bai Kashyap |
Respondent | Babli Sahu & Others |
SCR | [2023] 11 S.C.R. 150 |
Judgement Date | 2023-08-16 |
Case Number | 2517 |
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