Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Panchayats:Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961--Section 237-Uttar Pradesh Zila Panchayats (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1994-Rules 33, 34, Clauses 3, 4, 5 and 6 of the Schedule-Constitution of India, 1950, Article 243C: Hare system-Single Transferable Votes Method/Proportional representation System-Applicability of.Three candidates contesting in an election-Appellant, first respondent and one B receiving six, five and one, first preference votes, respectively-Upon elimination of B, Appellant and first respondent obtaining equal number of votes-None securing the quota-Returning Officer declaring the said office to be vacant-Justification of-Held: The object of the Act being to elect an Adhyaksha, construction of the rules should be made in such a manner which would not negate the same-An interpretation of the rules which would lead to election of one of the candidates should be adhered to-- Hence, appellant having received the highest number of preference votes, should have been declared elected.Election for the post of Adhyaksha-None of the candidates securing the quota-Returning Officer declaring the said office to be vacant-Election petition-Maintainability of-Held: A candidate has a right to question the correctness of the order of returning officer-Hence election petition maintainable-Maxims-'ubi jus ibi remedium'.Quota rule under Clause (3) of the Schedule-Requirement of-Held: Not mandatory-The other clauses of the Schedule envisage that for the purpose of achieving the ultimate result, adherence to quota rule not necessary-Hence, the sole continuing candidate though not achieving the quota may be declared elected. Interpretation of statutes:Doctrine of purposive construction-Statute to be construed having regard to the legislative intent-Construction leading to manifest absurdity not to be preferred to a construction which fulfill the object and purport of the legislative intent.Legislative intent-Every clause of a section to be construed with reference to the context and other clauses thereof so that the construction put on a particular provision makes a consistent enactment of the whole statute. Words and phrases-'Continuing candidate', 'Excluded candidate'- Meaning of in the context of election laws. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 315 |
Petitioner | Lalit Mohan Pandey |
Respondent | Pooran Singh And Ors. |
SCR | [2004] Supp. (1) S.C.R. 737 |
Judgement Date | 2004-04-27 |
Case Number | 2717 |
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