MANGOO SINGH versus THE ELECTION TRIBUNAL, BAREILLY AND OTHERS

MANGOO SINGH versus THE ELECTION TRIBUNAL, BAREILLY AND OTHERS

A person disqualified under s. 13-D, cl. (g) of the U.P. Municipalities Act on the date of nomination remains so, regardless of subsequent payment before the poll; the proviso does not act retrospectively. The expressions 'to which s. 166 applies' and 'demand' describe the nature of dues — not procedural requirements such as service of notice or bill.

Parties
Appellant: Mangoo Singh; Respondents: The Election Tribunal, Bareilly and Others
Jurisdiction
India
Judgment Date
17 September 1957
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate Under Article 133(1)(c) of the Constitution
Outcome
Appeal dismissed
Legal Topics
Municipal Election Disqualification, Interpretation of Statutory Disqualification, Payment of Municipal Tax Arrears, Timing of Disqualification Under Election Law
Election Law Local Government Law Municipal Election Disqualification Interpretation of Statutory Disqualification Payment of Municipal Tax Arrears Timing of Disqualification Under Election Law

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Parties

Mangoo Singh

Appellant

The Election Tribunal, Bareilly and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate Under Article 133(1)(c) of the Constitution

Legal Issues

  1. 1 Whether the disqualification under s. 13-D, cl. (g) of the U.P. Municipalities Act attaches at the date of nomination or may be cured before the poll
  2. 2 Whether the proviso to s. 13-D, cl. (g) allows retrospective removal of disqualification by payment of arrears after nomination but before poll
  3. 3 Whether the expressions 'to which s. 166 applies' and 'demand' require service of a bill or notice under ss. 166 and 168

Ratio Decidendi

A person disqualified under s. 13-D, cl. (g) of the U.P. Municipalities Act on the date of nomination remains so, regardless of subsequent payment before the poll; the proviso does not act retrospectively. The expressions 'to which s. 166 applies' and 'demand' describe the nature of dues — not procedural requirements such as service of notice or bill.

Court Disposition

Appeal dismissed

Orders

  • Appellant was disqualified for being chosen as a member on the date of nomination; election petition rightly decided; appeal dismissed with costs in favour of respondent 3.