Law:

Section:

(a) Interpretation of Statutes----Absolute enactment and directory enactment-Compliance. (b) Interpretation of Rules under an Art---Rules cannot travel beyond an Act and- must be read subject to its provisions It is the substance that counts and must take precedence over mere form. Some rules are vital and go to the root of the matter they cannot be broken ; others are only directory and a breach of them can be overlooked provided there is substantial compliance with the rules read as a, whole and provided no prejudice ensues ; and where the legislature does not itself state which is which Judges must determine the matter and exercising a nice discrimination, sort out one class from the other along broad based, commonsense lines. Absolute enactment must be obeyed or fulfilled exactly but it is sufficient if a directory enactment be obeyed or fulfilled substantially. JUDGMENT BOSE, J.-----The appellant was a candidate for the office of President of the Municipal Committee of Damoh. The respondents (seven of them) were also candidates. The nominations were made on forts supplied by the Municipal Committee but it turned out that then forms were old ones that had not been brought upto date. Under the old rules candidates were required to give their, caste, but on 23rd July 1949, this was changed and instead of caste their occupation had to be entered. The only person who kept himself abreast of the law was the first respondent. He struck out the word "caste" in the printed from and wrote in "occupation" instead and then gave his occupation, as the new rule required, and not his caste. All the other candidates, including the appellant, filed in their forms as they stood and entered their caste and not their occupation. The first respondent raised an objection before the Supervising Officer and contended that all the other nominations were invalid and claimed that he should be elected as his was the only valid nomination paper. The objection was overruled and the election proceeded. The appellant secured the highest number of votes and was declared to be elected. The first respondent thereupon filed the the election petition out of which this appeal arises. He failed…

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