PURUSHOTTAMDAS Vs. COLLECTOR GIRD

JUDGEMENT

(1.) THE facts of this application under Art. 226 of the Constitution of India for the issue of a writ of certiorari or some other appropriate writ or a direction are that an election is to be held on 10 -2 -1955 for the purpose of constituting the Dabra Municipal Committee. The petitioner and the opponent filed nomination papers for being elected from Circle No. 2. The nomination papers were scrutinized on the appointed day by the Election Officer () The nomination paper of Purshottam Dass was accepted while that of Badri Prasad was rejected, on the ground that as required by Rule 26(1) of the Madhya Bharat Municipal Election Rules, 1954 Badri Prasad, who presented his nomination paper did not sign it before the Election Officer while presenting the paper.

(2.) THERE is no dispute as to facts. The question for determination is whether the direction in Rule 26(1) that the person presenting the nomination paper shall sign it in the presence of the Election Officer at the time of the presentation is absolute and mandatory, so as to invalidate the nomination paper if it is not complied with, or whether it is merely directory. Before examining the relevant rules, it is necessary to state that there is no rule of universal application for determining whether a provision in a statute is absolute or directory. The question in each case has to be decided on a consideration of the scope and object of the provision, its nature and considerations of justice and convenience.

(3.) IT is clear that under Rule 26 the requirements for a valid presentation of a nomination paper are firstly that the physical act of delivering the nomination paper to the Election Officer must be done either by the candidate in person or by his proposer or the seconder during the appointed hours and at the place specified in that behalf and secondly that the nomination paper must be signed by the person delivering it in the presence of the Election Officer as an act of his presentation. If, therefore, the nomination paper is not signed by the person delivering it in the presence of the Election Officer and at the time of the presentation, then there can be no valid presentation of the nomination paper.