Rabali Singh & Ors. VS. Shayamlal & Ors.

Case Law No.889, Reporting JudgeHegde

Linked as:

Summary

According to Rule 13 framed under Madhya Pradesh Municipalities Act, 1961, a candidate for election to the Municipal Council shall deliver to the supervising officer a nomination paper completed in Form IV and the relevant column in Form IV required the candidate to mention the

"name and number of the Ward". Further, sub-rule (IV) of Rule 13 provided that the 'supervising officers shall not reject any nomination paper on the ground of any defect which is not of substantial character High Court in a writ petition set aside the elections of 6 persons to the

'Municipal Council on the ground that they only mentioned the question whether the number of the wards but not their names. On non-mentioning the names of the wards in teh nomination paper was a defect of a substantial character,

HELD .: The nomination papers of the returned candidates were rightly accepted by th` Returning Officer as they substantially complied with the Rule. The particulars in question were required to identify the constituency in which a candidate was desirous of seeking election. That purpose was served when either the number and the ward, or its name was given unless them were, more than on a ward having the same name the identification of the constituency was complete. The name of the ward .was merely an additional piece of evidence to identify the constitute Once the number of the ward was mentioned there was no difficulty for the Returning Officer to find out in which constituency tin candidates wanted to seek election. [61D]

Rangila Chowdhury v. Dultu Sen & Ors. [1962] 2 S.C.R. 401 and Rain Awadesh Singh v. Smt. Sumitra Devi & Ors., A.I.R..

1972 S.C. 580, referred to.

See the full content of this document

Extract

Rabali Singh & Ors. VS. Shayamlal & Ors.

PETITIONER: RABALI SINGH & ORS.

Vs.

RESPONDENT: SHAYAMLAL & ORS.

DATE OF JUDGMENT29/03/1972

BENCH: HEGDE, K.S.

GROVER, A.N.

MITTER, G.K.

CITATION: 1973 AIR 276 1973 SCR (1) 59 1973 SCC (3) 715

ACT: Madhya Pradesh Municipalties Act 1961-Rule 13 made there- under-Nomination form to be filed in form IV-Candidates gave only the number of the 'ward' but failed to give the name of the 'ward'-If fatal to th...

See the full content of this document