BANWARI DASS versus SUMMER CHAND AND ORS.

BANWARI DASS versus SUMMER CHAND AND ORS.

In the absence of a specific provision in the Delhi Municipal Corporation Act expressly granting a right of recrimination corresponding to section 97 of the Representation of the People Act, 1951, a returned candidate cannot plead and prove, in a composite election petition, that the petitioner was guilty of corrupt practices and thereby not entitled to be declared elected. The right to recriminate is a creature of statute, and cannot be derived from common law, equity, or general principles; only statutory grounds and remedies are available.

Parties
Appellant: Banwari Dass; Respondent No. 1: Sumer Chand; Respondents: Delhi Municipal Corporation
Jurisdiction
India
Judgment Date
13 February 1974
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Delhi High Court
Outcome
Appeal dismissed
Legal Topics
Recrimination in Election Petitions, Statutory Omission, Corrupt Practices in Elections
Election Law Statutory Interpretation Recrimination in Election Petitions Statutory Omission Corrupt Practices in Elections

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Parties

Banwari Dass

Appellant

Sumer Chand

Respondent No. 1

Delhi Municipal Corporation

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Delhi High Court

Legal Issues

  1. 1 Whether the returned candidate is entitled to plead and prove that the petitioner was guilty of corrupt practice in an election petition seeking both to void election and declare the petitioner elected under the Delhi Municipal Corporation Act, 1957

Ratio Decidendi

In the absence of a specific provision in the Delhi Municipal Corporation Act expressly granting a right of recrimination corresponding to section 97 of the Representation of the People Act, 1951, a returned candidate cannot plead and prove, in a composite election petition, that the petitioner was guilty of corrupt practices and thereby not entitled to be declared elected. The right to recriminate is a creature of statute, and cannot be derived from common law, equity, or general principles; only statutory grounds and remedies are available.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Affirmed view of Division Bench of Delhi High Court denying returned candidate right to recriminate in the absence of statutory provision