SURAT SINGH versus KISHORI LAL & ORS.

SURAT SINGH versus KISHORI LAL & ORS.

The Mayor is not empowered by the Delhi Development Authority Act or rules to enquire into or reject candidacy for disqualification at the nomination stage; the question of disqualification can only be determined in appropriate legal proceedings after election. Point of order provisions do not extend to objections over candidate competence, and the Mayor's procedural ruling is not final for substantive eligibility.

Parties
Appellant: Surat Singh; Respondent No. 1: Kishori Lal; Other Candidate: Kedar Nath Sahni
Jurisdiction
India
Judgment Date
22 August 1969
Procedural Posture
Civil Appeal / Decision on Appeal From Delhi High Court Judgment
Outcome
appeal dismissed
Legal Topics
Disqualification of Candidates, Powers of Mayor, Point of Order, Procedure for Election of Representatives, Delhi Development Authority Membership Eligibility
Election Law Administrative Law Disqualification of Candidates Powers of Mayor Point of Order Procedure for Election of Representatives Delhi Development Authority Membership Eligibility

Case Brief

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Parties

Surat Singh

Appellant

Kishori Lal

Respondent No. 1

Kedar Nath Sahni

Other Candidate

Procedural Posture

Civil Appeal / Decision on Appeal From Delhi High Court Judgment

Legal Issues

  1. 1 Whether the Mayor is empowered under the Delhi Development Authority Rules, 1958, to determine and reject nomination of a candidate on grounds of disqualification
  2. 2 Whether objection to nomination amounts to a 'point of order' and whether the Mayor's decision thereon is final for all purposes

Ratio Decidendi

The Mayor is not empowered by the Delhi Development Authority Act or rules to enquire into or reject candidacy for disqualification at the nomination stage; the question of disqualification can only be determined in appropriate legal proceedings after election. Point of order provisions do not extend to objections over candidate competence, and the Mayor's procedural ruling is not final for substantive eligibility.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Whether Kishori Lal was disqualified at the date of nomination may only be decided in appropriate civil proceedings after election.