MAHESH PRASAD SINHA Vs. MANJAY LAL

JUDGEMENT

(1.) The petitioner has obtained a rule from this Court against the respondents to show cause why the order dated the 10th September, 1962, passed by the 4th respondent, the Member, Election Tribunal, Patna, in Election Petition No. 149 of 1962, filed by respondent No. 1 for setting aside the election of the petitioner as a member of the Bihar Legislative Assembly, be not quashed in exercise of the powers of this Court under Article 226 or 227 of the Constitution of India, and why the said Tribunal be not prohibited from recording and admitting any evidence in relation to the said election petition bearing on the question of any corrupt practice alleged to have been committed by the petitioner or his election agents. Cause has been shown on behalf of respondent No. 1.

(2.) Two issues were argued and pressed before the Election Tribunal on behalf of the petitioner for decision as preliminary points before proceeding with the hearing of the election petition. The said issues are

(3.) The point for determination in this case is as to whether the requirement under the proviso to Sub-section (1) of Section 83 of the Act, of the filing of the affidavit in the prescribed form is mandatory or directory, Tho guiding principles for determination of the point in dispute are well established and well known and the question has got to be answered with reference to them. "When a statute requires that something snail be done, or done in a particular manner of form, without expressly declaring what shall be the consequence of non-compliance, the question often arises: What intention is to be attributed by inference to the legislature?" (vide Maxwell on interpretation of Statutes, 11th Edition, page 362). At page 364 a passage runs: