CASE DETAILS v. BABLI SAHU & Ors.

Held : Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of – Furthermore, if a Statue provides for doing a thing to be done in a particular manner, then it has to be done in that manner and in no other manner – s. 122 provides that an election under the said Act could be called in question only by a petition presented in the prescribed manner – Manner prescribed is in the Rules of 1995 – In r. 6, it has been provided that the petitioner may claim a declaration that the election of all or any of the returned candidates is void; and in addition, thereto a further declaration that he himself or any other candidate has been duly elected – In view of thereof, in the Election Petition fi led u/s. 122, the reliefs claimed have to be in consonance with the r. 6 – The court or tribunal may direct re-counting of votes in the Election Petition, depending upon the evidence laid down by the parties in the Election 150 DHARMIN BAI KASHYAP v. BABLI SAHU & OTHERS 151 Petition – Petitioner having failed to make any application in writing for re- counting of votes as required u/s. 80 of the 1995 Act, and having failed to seek relief of declarations as required u/r. 6, the Election Petition fi led by the petitioner before the Sub Divisional Offi cer seeking relief of re-counting of votes alone was not maintainable – Chhattisgarh Panchayat Raj Adhiniyam, 1993 – Chhattisgarh Panchayat Nirvachan Niyam, 1995. [Para 13 and 15] Election laws: Statutory provisions relating to election law – Interpretation of: Held: Jurisprudence on the subject mandates strict construction of the provisions – Election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which has to be strictly construed. [Para 15] LIST OF CITATIONS AND OTHER REFERENCES Sohan Lal vs. Babu Gandhi and Others (2003) 1 SCC 108 : [2002] 4 Suppl. SCR 333 – relied on.