Strict Construction of Election Law

Posted on by Rudrajyoti Nath Ray

It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue provides for doing a thing to be done in a particular manner, it can be done in no other manner. There is hardly any need to reiterate, when it comes to interpretation of statutory provisions relating to election law, jurisprudence mandates strict construction of provisions. An election contest is not an action at law or a suit in equity but purely a statutory proceeding [Laxmi Singh v. Rekha Singh, (2020) 6 SCC 812].

– Hon’ble Justice Bela M. Trivedi, Dharmin Bai Kashyap v. Babli Sahu, [Civil Appeal No. 2517 of 2023].

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.