Law:

Section:

(i) Representation of the People Act, 1976 (LXXXV of 1976)-- ----Ss. 12(1) (2) & 14(1)(2)(3)--Election of Punjab Provincial Assembly--Scope of--Appellant securing highest votes notified as member--Election was questioned and declared void on ground that his proposer and seconder were not electors of his constituency--Assailed--S. 12(1)(2) of Act 1976 is not mandatory but directory and due to its non-compliance election of a candidate cannot be declared void and such defect can be cured by allowing substitution of qualified proposers and seconders in exercise of powers u/S. 14 (3) proviso (ii) of Act 1976--Contention of--Elector of a constituency may propose or second any duly qualified perosn to be a member for constituency--Although law makers have used word `may' in said section but it does not mean that any other person who is not elector of constituency would be qualified to propose or second a candidate for contesting election from that constituency--Key to opening of every law is reason and spirit of law, it is animus imponentis, intention of law makers expressed in law itself, taken as a whole--Object of S. 12(1) of Act, 1976 is that elector of constituency may propose or second name of any duly qualified person as a candidate for election as a member for that constituency, clearly spells out intention of legislature--Keeping in view intention of legislature word "may" used in S. 12(1) has to be read as `shall'--Word `may' can be interchanged with word `shall' to enhanced intention of legislature, candidate is bound and under mandatory obligation to ensure filing of nomination papers from constituency duly proposed and seconded by electors there from-There is no cavil with proposition that once it is found out that a provision of law is mandatory by its implication, same is bound to be strictly followed--Appeals dismissed. [Pp. 461 & 463] A, E & F Representation of the People Act, 1976 (LXXXV of 1976)-- ----Ss. 12 & 14(1)(2)--Provision--Power of returning officer have been controlled for not rejecting nomination paper on any defect which is not of substantial nature whereas defect in any submitted nomination paper duly proposed and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492