Supreme Court · 2006 INSC 908 · Decided 24 November 2006
State of Himachal Pradesh and ORS. v. Surinder Singh Banolta
- Court
- Supreme Court of India
- Citation
- 2006 INSC 908 · [2006] SUPP. 9 S.C.R. 574
- Case number
- CIVIL APPEAL No. 5186/2006
- Decided
- 24 November 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 2430
Headnote
Election laws: Himachal Pradesh Panchayati Raj Act, 1994-ss. 122, 163, 175- C Disqualification of elected candidate on the ground that he was declared encroacher-Election set aside by Deputy Commissioner-Held, election cannot be set aside except by an order of Authorized officer-Constitution of giving rise to an anomaly or absurdity-Held, Same be avoided. Statute found to be obscure-Same be interpreted having regard to the E constitutional scheme-In such situation, doctrine of purposive construction be applied. F Statute to be read as a whole-Relevant provisions of the
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