LALIT MOHAN PANDEY versus POORAN SINGH AND ORS.

Citation: [2004] SUPP. 1 S.C.R. 737 · Decided: 27-04-2004 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Appeal(s) allowed

Judgment (excerpt)

\ 
LAUT MOHAN PANDEY 
A 
v. 
POORAN SINGH AND ORS. 
APRIL 27, 2004 
[V.N. KHARE, CJ., S.B. SINHA AND S.H. KAPADIA, JJ.] 
B 
Panchayats: 
Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 
1961--Section 237-Uttar Pradesh Zila Panchayats (Election of Adhyaksha C 
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 D 
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 E 
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. 
F 
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-Ifence election petition G 
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 
737 
lI 
738 
SUPREM~ ttouRT REPORTS [2004] SUPP. I S.C.R. 
A 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 
B regard to the legislative intent-Construction leading to manifest absurdity 
not to be preferred to (i'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 
C put on a particular provision makes a consistent enactment of the whole 
statute. 
D 
Words and phrases-'Continuing candidate', 'Excluded candidate'-
Meaning of in the context of election laws. 
In an election. held for the post of Adhyaksha, Zila Panchayat in 
Uttaranchal, the appellant, the first respondent and one B got six, five and 
one, first preference votes respectively. Upon elimination ofB, the appellant 
and the first respondent obtained six votes each. The election was held on the 
basis of proportionate representation by means of a single transferable vote . 
E by ballot. The Returning rn :icer declared the said office to be vacant on the 
ground that both the contesting candidates received equal votes and also that 
none of them secured the quota which was mandatory in nature. An election 
petition was filed before the District Judge, which was allowed. Respondent 
was successful in his appeal before the High Court. Hence the appeal.· 
· 
F 
Allowing the appeal, the Court 
HELD: 1. The appellant had received the highest number of first 
preference votes and hence he should have been declared elected. (766-C, DI 
G 
2.1. 'Panchayat' is an institution of self-governance at the village, 
intermediate and district levels. It is required to be constituted in accordance 
wi.th Part IX of the Constitution of India. The Adhyaksha of Panchayat at the 
district level is to be elected by and from amongst the elected members. The 
provisions providing for procedures for holding the election must be construed 
having regard to the necessity of establishing democracy at the grass-root 
H 
L.M. PANDEYv. P. SINGH 
739 
. level, being a constitutional requirement. The State Act and the rules A 
applicable therefor must, therefore, be interpreted having regard to the 
constitutional scheme. (749-D, F) 
2.2. The election to the post of Adhyaksha of Panchayat at the district 
level is governed by the provisions of Section 237 of the Uttar Pradesh Kshettra 
Panchayats and Zila Panchayats Adhiniyam, 1961. Whereas the election of B 
office by majority is the normal rule, a 

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