DEVI SHARAN Vs. SUB DIVISIONAL OFFICER KICHHA

JUDGEMENT

(1.) -The present petition under Article 226 of the Constitution of India is directed against the order dated 12-7-88 passed by the Perganadhikari, Kichcha, Nainital, directing that in the meanwhile the petitioner Devi Sharan may not be administered oath of office of the Pradhan.

(2.) THE profile of the petitioner's case may be set out briefly. THE petitioner was elected in the last general elections held on June 5, 1988. He was a candidate for the office of Pradhan of the Gaon Sabha Dhanpur-Vijaipur, Block Gederpur, District Nainital, along with respondent no. 4 Jagdish Singh. But on counting of ballot papers on 6th June, 1988 the petitioner was declared elected. An election petition has been filed by respondent no. 3, who filed an application for interim order with prayer that successful candidate, the petitioner, may be restrained from taking oath of office of Pradhan. THE impugned order dated 12-7-88 was passed in favour of respondent no. 4 on the election petition.

(3.) IT is the elementary rule of interpretation of statutes that to interpret a particular provision it is necessary to ascertain the intention of the legislature. Every part of the statute and the section has to be read together. In other words the interpretation of statutes has to be textual and also contextual. IT is said that passing from the external aspects of the statutes to its contents the construction is to be made of all the parts together and not of one part only by itself. (See Attorney General v. Browa, (1920) 1 KB 773).