THAKUR PRATAP SINGH versus SHRI KRISHNA GUPTA AND OTHERS.

THAKUR PRATAP SINGH versus SHRI KRISHNA GUPTA AND OTHERS.

The rule requiring the candidate to state occupation in the nomination paper is directory and not mandatory; omission to state occupation does not affect the merits of the case as laid down in section 23 of the Act, and therefore the election should not be set aside on that ground.

Parties
Appellant: Thakur Pratap Singh; Respondent No. 1: Shri Krishna Gupta; Respondents: others
Jurisdiction
India
Judgment Date
02 December 1955
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Nagpur High Court in Civil Revision No. 833 of 1954
Outcome
Appeal allowed
Legal Topics
Nomination Papers, Mandatory and Directory Rules, Substantial Compliance
Election Law Municipal Law Nomination Papers Mandatory and Directory Rules Substantial Compliance

Case Brief

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Parties

Thakur Pratap Singh

Appellant

Shri Krishna Gupta

Respondent No. 1

others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Nagpur High Court in Civil Revision No. 833 of 1954

Legal Issues

  1. 1 Whether the rule requiring statement of occupation in the nomination paper is mandatory or directory
  2. 2 Whether failure to state occupation in nomination paper affects the merits of the case under s. 23 of the Central Provinces and Berar Municipalities Act (II) of 1922

Ratio Decidendi

The rule requiring the candidate to state occupation in the nomination paper is directory and not mandatory; omission to state occupation does not affect the merits of the case as laid down in section 23 of the Act, and therefore the election should not be set aside on that ground.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court is set aside.
  • The order of the Civil Judge is restored.