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TMI Blog1964 (3) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... al election to the Belgaum Municipal Borough was duly published. As per that calendar, the last date for filing the nominations nsthe intending candidates was April 19, 1963. By that date, the petitioner in W.P. No. 714/63 filed his nominations for the ward No. 14, the petitioner in W.P. No. 715/63 for ward No. 4, the petitioners in W.P. Nos. 716 and 717 of 63 for ward No. 13 and the Petitioners in W.Ps. Nos. 718 and 719/63 for ward No. 16. On 23-4-1963, after scrutiny, the Returning Officer rejected the nominations of the petitioners mentioned above on the sole ground that they were not voters in the wards in which they sought election. In so deciding, he relied on the decision of this Court in Gadigeppa Gurupadappa Vadakkanvar's Case, (1963) 2 Mys. LJ 83. The Petitioner's appeal against the decision of the Returning Officer, to the Deputy Commissioner was unsuccessful. Thereafter, the petitioners moved this Court under Article 226 of the Constitution to quash the Orders rejecting their nominations. (3) It is not denied that the petitioners are registered as voters in the lists pertaining to their wards. But, their nominations have been rejected as mentioned earlier on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the language of an Act is ambiguous and difficult to construe the Court may for assistance in its construction refer to rules made under the provisions of the Act, especially where such rules are by the statute authorising them directed to be read as part of the Act. For not only is every part of the Statute itself to be taken into consideration in order to ascertain the meaning of any obscure expression but "recourse may(also) be had to rules which have been made under the authority of the Act, if the construction of the Act is ambiguous and doubtful on any point, and if we find that in the rules any particular construction has been put on the Act, it is our duty to adopt and follow that construction." These rules form a sort of comtemporanea expositio." If the impugned rule is plainly opposed to any provisions in the "Act", then it has to be struck down whatever may be the formalities observed in framing the same. But, if the provisions in the "Act" which calls for interpretation is capable of two reasonable interpretations then that interpretation which accords with the impugned rule should be accepted because as mentioned earlier that rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on would read : "Every person whose name is in the list of voters shall be qualified to be elected at the election for any ward of the Municipal Borough." The key words are : "qualified to be elected at the election for any ward of the Municipal Borough" and "every person whose name is in the list of voters." If the words "qualified to be elected at the election for any ward at the Municipal Borough" mean that a person is qualified to be elected either in the ward in which his name is entered or any other ward, then that is what the impugned rule says. (8) The word "any" is a word which excludes limitation or qualification. It connotes wide generality. Its use points to distributive construction. (Vide Stroud's judicial Dictionary--see also Veeraswamy v. State of Andhra Pradesh, (FB).) In Pershad Singh v. Ram Pertab Roy, ILR 22 Cal 77 the expression "in any case" was interpreted as being qualified to "in every case". In Mooler v. North Eastern Breweries,(1910) I K B 247 the expression "any agreement to the contrary" was held to apply to any agreement whether made before or after the Act. In Kesha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on itself, yet, if the meaning cannot be so ascertained other sections may be looked at to fix the sense in which the word is there used." This rule of interpretation must have greater efficacy when we have to deal with words found in one and the same section. The first and the foremost rule of construction of a statute is the rule of literal construction. It is only when that rule fails, other rules of construction are availed of. As observed in Jugalkishore Saraf v. M/S. Raw Cotton Co., Ltd., (S) AIR 1955 SC 376 the cardinal rule of construction of statutes is to read the statute literally, that is, by giving to the words used by the Legislature their ordinary, natural and grammatical meaning; if however, such a reading leads to absurdity and the words are susceptible of another meaning the Court may adopt the same; but, if no such alternative construction is possible, the Court must adopt the ordinary rule of literal interpretation. (9) I see no reason why that rule should be inapplicable to the facts of the present case. It was contended on behalf of the respondents that the rule of literal interpretation is inapplicable in the present case as there is conflict between t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lusion that several words found in a provision are superfluous should be avoided as far as possible. (11) If "the list of voters" referred in sub-section(2) of Section 11A is the very list mentioned in sub-section (1) of that section, then there was no need to have sub-section (2) separately, it would have been sufficient if the Legislature had used the conjunctive "and" at the end of sub-sec.(1) and thereafter added the provision contained in sub-section (2). It may be noticed in sub-section (2) that there is no reference to section 11. Nor does that sub-section speak of 'the list pertaining to any ward." In my view, "the list" mentioned in sub-section (2) of S. 11 A refers to "the lists" pertaining to the wards of any particular Municipal Borough. But, there is no doubt sub-section is not happily worded. It is thought that there is any ambiguity, then we have to apply the rule of harmonious construction. We must reconcile the two portions of the sub-section. In so doing, it is not proper to ignore any word found therein. If we are to accept the contention of the respondents we must ignore the word "any". There is no just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision, it is seen that two classes of people can challenge the validity of an election namely (1) any person qualified to be elected at the election in question; and (2) any person qualified to vote at that election. If a voter in a ward alone can stand for election in that ward, there was no purpose in the Legislature enumerating two classes of persons who can challenge the validity of he election, ward must also be a person qualified to vote in that ward. (15) The Bench of this Court which decided Gadigeppa's case(1963) 2 Mys LJ 83 thought that "It is common knowledge that no person can be ordinarily a candidate for election unless he has also the right to vote at that election." Proceeding further, it observed: "The acceptance of the proposition of Mrs. Deshpande would be to recognise the possibility of a person being able to be a candidate without his being able to vote at the election. An interpretation leading to such consequences cannot, in my opinion, be a sound one." With great respect to the learned Judges, I do not think that the common knowledge is what is stated by them. The pattern of Election law in this country is just the opposite of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be the list of voters for such ward. (2) The officer designated by the Collector in this behalf in respect of a municipal borough shall maintain a list of voters for each ward of such municipal borough. EXPLANATION:--For the purposes of this section, electoral roll shall mean an electoral roll prepared under the provisions of the Representation of the People Act,1950." "11A. (1) Every person whose name is in the list of voters referred to in section 11 shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote, and every person whose name is not in such list shall not be qualified to vote, at the election of a member for the ward to which such list pertains. (2) Every person whose name is in the list of voters shall, unless disqualified under this Act or any other law for the tome being in force, be qualified to be elected, and every person whose name is not in such list shall not be qualified to be elected, at the election for any ward of the municipal borough. (3) Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs Act is the same and that the said scheme furnishes the key for the proper interpretation of sub-section (2) of Section 11A which is the subject of controversy before us. (28) In ascertaining the essential features of the scheme, we may start with Section 8 of the Boroughs Act. That section states that in every Municipal Borough there shall be a Municipality and that every such Municipality shall be a body corporate with a perpetual succession and a common seal. Section 9 states that every such Municipality shall consist of elected councillors,--subject of course to the provisions of sub-section (2) for nomination in the event of failure to elect full number of councillors. Section 10 requires the Government to determine the number of councillors and proceeds to state that the Government shall make rules dividing each municipal borough into several wards specifying the number and extent of the wards and also specifying the number of councillors to be elected by each ward. Section 11 requires the preparation and maintenance of a list of voters for each ward. There is no such thing as a general electoral roll for the entire municipal borough. Although headings and marginal notes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with defining or determining the powers of local authorities like the sheriff of the middle ages who in course of time got replaced by another functionary called the Justice of the Peace, a country gentleman commissioned by the Crown to keep the peace. The idea of countries, boroughs and parishes as units functioning for various local purposes also appears to be an ancient one. The period from the middle ages down to the early 19th century also saw a great growth in the size and number of towns which in due course led to the formation of boroughs or corporations of burgesses or townsmen who discharge several functions like the upkeep of the highways, the relief of the poor, discouragement of vagrants, the carrying on of trade and industries in their respective areas. Statutes were from time to time passed prescribing the conditions for or restricting the activities of these various boroughs and other local authorities. Among them may be mentioned the Poor Law Amendment Act, 1834, the Municipal Corporations Act of 1835. In 1933 there was enacted the Local Government Act (23 &24 Geo. 5c. 51) consolidating the law relating to local Government outside London and amending various earli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) deals with the right to get elected as councillor. There is no dispute that the first sub-section refers to the same ward when it deals with the positive aspect of the matter, viz., the qualification to vote, and also the negative aspect thereof, viz., ineligibility to vote. Likewise, the second sub-section must also, in my opinion, be taken to deal with the same ward both in regard to the positive and negative aspect of the right to get elected. Although the words 'the ward to which such list pertains' appearing in the first sub-section do not appear in the second sub-section, there could be no difficulty in reading the expression 'the list of voters' occurring at the commencement of the second sub-section as referring to the very list which pertains to the ward in question, especially because the only list of voters known to the statute and prepared under S. 11 is the list pertaining to each ward for the time being under reference. Indeed, the entire S. 11A must in the light of the scheme be taken as dealing with both the right to vote and the right to get elected in relation to one and the same ward. (35) The use of the expression 'any ward' towards th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or ascertain its correct meaning, and reliance was placed on a passage occurring at pages 157 and 158 of Craies on Statute Law. My learned brother has accepted that argument though of course recognising the principle that a statutory rule which is plainly opposed to any provision of the statute under which it is made will have to be struck down as ultra vires even though all formalities prescribed for making the said rule have been duly observed. (38) There are weighty reasons, in my opinion, why the above rule of interpretation cannot be relied upon or resorted in this case. The rule of interpretation itself, as pointed out in Craise, is subject to certain limitations. Where the vires of the rule itself is questioned on the ground that it is inconsistent with the statute or repugnant to the statute, to rely upon the impugned rule itself as a guide for the interpretation of the statute would in effect mean that the rule is the principal legislation and the statute the subsidiary one, and may lead in conceivable circumstances to a position is that statutory rule can ever be declared invalid. The correct legal or constitutional position is that statutory rule are a species of subor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the vires or validity of any rule. It came to be so stated by Mellish, L. J., in the following circumstances: Section 6 of the English Bankruptcy Act of 1869 which enumerates acts of bankruptcy describes the following in its sixth sub-section as one of the acts of bankruptcy: "That the creditor presenting the petition has served in the prescribed manner on the debtor a debtor's summons requiring the debtor to pay a sum due of an amount not less than £50, and the debtor, being a trader, has, for the space of three weeks, succeeding the service of such summons, neglected to pay such sum, or to secure or compound for the same." The latter part of the next or the 7th Section reads as follows:-- "Any debtor served with a debtor's summons may apply to the Court, in the prescribed manner and within the prescribed time, to dismiss such summons, on the ground that he is not indebted to the creditor serving such summons, or that he is not indebted to such amount as will justify such creditor in presenting a bankruptcy petition against him; and the Court may dismiss the summons with or without costs, if satisfied with the allegations made by the debtor, or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ternative in the light of Rule 41 mentioned above. It would be seen that the rule did not defeat the object of the statute but actually operated to give effect to the provisions of both Section 6(6) and Section 7. (41) The position in the case now before us is quite different from the position in the case decided by Mellish L. J. Firstly, if the scheme of the statute is taken into account, as it should be, for understanding the meaning of section 11A(2) of the Boroughs Act, no ambiguity in the language nor any difficulty in understanding or construing the language can arise. Secondly, Rule 11(2), unlike the rule relied upon by Mellish L. J., is demonstrably opposed to the scheme or object of the statute as explained by me. (42) Regarding the argument that two interpretations are equally possible,--which I see no reason to accept,--the simplest answer is that the interpretation which advances the scheme or object of the statute should be preferred to the one which defeats it. (43) It has been suggested that the words 'the list' may be read as including the plural 'the lists'. According to the General Clauses Act, words importing singular can be read as importing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. It is not open to interpret one statute in the light of the provisions of another statute. (48) According to the scheme of the Representation of the People Act, though the right to vote is limited to a constituency, the right to get elected is not necessarily so limited. Whereas section 62 provides that every person who is for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency, section 4 dealing with qualifications for membership of the House of the People and section 5 dealing with qualifications for membership of a Legislative Assembly of a State provide that a person shall be qualified to fill a seat in the House of the People or a Legislative Assembly of a State as the case may be, if he is an elector in any Parliamentary constituency or any Assembly Constituency in the State as the case may be. It may, however, be noticed that in the case of a Legislative Assembly of a State, the constituency in which a candidate is an elector should be a constituency of the State in question and further that in the case of a seat reserved for Scheduled Tribes in the autonomous districts of Assam, the candidate should be an elect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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