THAKUR PRATAP SINGH versus SHRI KRISHNA GUPTA AND OTHERS.

Citation: [1955] 2 S.C.R. 1029 · Decided: 02-12-1955 · Supreme Court of India · Bench: SUDHI RANJAN DAS · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

2S.C.R. 
SUPREME COURT REPORTS 
1029 
power of pardon thereunder is different from "per-
sonal rights, privileges and dignities" which have been 
dealt with under articles XVI and XVII in the fol-
lowing terms. 
"XVI. The Ruler of each 
Covenanting State, 
as also the members of his family, shall be entitled 
to all the personal privileges, dignities and titles en-
joyed by them, whether within or outside the terri-
tories of the State, immediately before the 15th day 
of August, 1947. 
XVII. ( 1) The succession, according to law and 
custom to the gaddi of each Covenanting State and 
to the personal rights, privileges, dignities and titles 
of the Ruler thereof is hereby guaranteed". 
There is thus no substance in any of the arguments 
on which the ca~ for the appellant can possibly be 
presented. 
This appeal is accordingly dismissed. 
THAKUR PRAT AP SINGH 
f). 
SHRI KRISHNA GUPTA AND OTHERS. 
[S. R. DAs, ACTING C. J., V1v1AN BosE. BHAGWATI, 
fAGANNADHADAS and B. P. SINHA JJ.] 
Jilt!ction Dispute-Rule requiring candidate to state occupati-:m 
in nomination paper-If mandatory in character-Duty of Court-
Central Provinces and Berar Municipalities Act (II) of 1952, ss. 9(1) 
(iii) (c), 23. 
The appellant was a candidate for the office of President of the 
Municipal 
Committee, Damoh. The nomination was made in an 
o\d form under the old rules which required a candidate to enter his 
caste. 
Under the new rules this was changed and occupation had 
to be stated instead, which none except the respondent No. I had 
done. Objection to the validity of the appellant's nomination paper 
was overruled by the Supervising Officer. The appellant secured the 
highest number of votes and was declared elected. The respondent 
No. 1, thereupon, filed the election petition. He failed in the Elec-
tion Tribunal which held that the defect was not substantial and 
was curable. The High Court, however, 
reversed this decision in 
revision, holding that failure to comply with any of the provisions 
set out in the rules was fatal and in such cases the nomination papct 
should be rejected. 
1955 
ThaiaalaOllU 
EwfirwotM V amd 
v. 
Th• SIDie of 
T rav1111&0t1-Cochin 
]opullldhad1J1 J. 
1955 
Decem6'r 2. 
1955 ' 
T"4Tcur PraJap 
Singh 
v. 
Shri Krishna Gupta 
ond otkrs 
1030 
SUPREME COURT REPORTS 
[1955] 
Held, that the rule requiring the occupation of the candidate to 
be st.ated in the nomination form 
was 
directory an<l not mandatory 
in character and as the failure to comply with it did not affect the 
merits of the case as laid down in s. 23 of the Act, the election could 
not be set <iside on that ground. 
Rattan Anmol Singh v. Atma Ram ([1955] I S.C.R. 481 ), dis· 
tinguished. 
Courts should not go by mere technicalities but look to the ~ub­
stance. 
Some rules may be vital, while others are merely directory, 
and a breach of thtle may be overlooked, provided there is sub-
stantial compliance \Vith the rules read as a whole and no prejudice 
ensues. 
When the Act does not n1ake a clear distinction, it is the 
duty of the court to sort out one class from the other 
along broad 
based commonsense lines. 
Punjab Co-operative Bank Ltd., Amritsar '" lnconle-Tax Officer, 
Lahore ([1940] L.R. 67 I.A. 464), referred to. 
C1v1L 
APPELLATE 
No. 294 of 1955. 
juRISDICTION :. 
Civil 
Appeal 
Appeal by special leave 
from the 
f udgment and 
Order dated the 7th September, f955, of the Nagpur 
High Court, in Civil Revision No. 833 of 1954. 
B. B. Tawakley, (K. P. Gupta, with him) 
for the 
appellant. 
R. S. Dabir and R. A. Govind, for respondent 
No. 1. 
1955. 
December 
2. 
The 
Judgment 
of 
the 
Court was delivered by 
BosE J.-The appellant 
was a candidate for 
the 
office of President of the Municipal Committee of 
Dam oh. The respondents (seven of them) were also 
candidates. The nominations 
were 
made on forms 
supplied by the Municipal Committee but it turned 
out that the forms were old ones that had not been 
brought up to date. Under the old rules candidates 
were required to give their caste, but on 23-7-1949 
this was changed and instead of caste their occupa-
tion had to be entered. The only person who kept 
himself abreast of the law was the first . respondent. 
He struck out the word "caste" in the printed form 
and wrote in "occupation" instead and then gave 
his 
occupation, as th" new rule required, and not his 
2S.C.R. 
SUPREME COURT REPORTS 
1031 
caste. All the other candidates, including the appel-
lant, filled in their form

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