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  • Reasoning

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    Harsha Ammineni
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    The document discusses rules for contesting the validity of an election to the Bar Council. It makes three key points: 1) Any voter may contest an election by filing a petition within 15 days, accompanied by a 10,000 rupee fee in cash or money order. The fee is non-refundable. 2) The rules state the petition must be accompanied by a 10,000 rupee fee, not that each petitioner must pay separately. 3) The conclusion is that the rules do not require each petitioner to pay 10,000 rupees, only one 10,000 rupee fee per petition, so the petition is allowed.

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    The document discusses rules for contesting the validity of an election to the Bar Council. It makes three key points: 1) Any voter may contest an election by filing a petition within 15 days, accompanied by a 10,000 rupee fee in cash or money order. The fee is non-refundable. 2) The rules state the petition must be accompanied by a 10,000 rupee fee, not that each petitioner must pay separately. 3) The conclusion is that the rules do not require each petitioner to pay 10,000 rupees, only one 10,000 rupee fee per petition, so the petition is allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    9 views1 page

    Reasoning

    Uploaded by

    Harsha Ammineni
    The document discusses rules for contesting the validity of an election to the Bar Council. It makes three key points: 1) Any voter may contest an election by filing a petition within 15 days, accompanied by a 10,000 rupee fee in cash or money order. The fee is non-refundable. 2) The rules state the petition must be accompanied by a 10,000 rupee fee, not that each petitioner must pay separately. 3) The conclusion is that the rules do not require each petitioner to pay 10,000 rupees, only one 10,000 rupee fee per petition, so the petition is allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    REASONING:

     It is a settled law that, any voter may contest validity of election of a candidate
    declared to Bar Council by petition signed by him and supported by an affidavit and
    delivered to Secretary personally or sent by registered post so as to reach him within
    15 days from date of publication of results of election. Petition shall be accompanied
    by fees of Rs. 10,000/- (Rupees Ten thousand), which shall be paid in cash or shall be
    sent by Money Order. In case, it is sent by Money Order. Money Order Receipt shall
    be attached to petition. Fees shall not be refundable.
     On bare perusal of r. 31(2) of 2006 Rules, it appears that petition shall be
    accompanied by a fees of Rs. 10,000/-. It is not dependent on number of petitioners.
    Tribunal has taken a view that u/r. 31(1) of 2006 Rules provides that any voter may
    contest validity of election of a candidate by filing petition to be accompanied by fees
    of Rs. 10,000/-.
     Since as many as 5 petitioners have jointly filed Election Petition, each of them is
    required to pay Court fees of Rs. 10,000/- each. There was a clear provision to pay
    Court fee by each individual in a single writ petition filed by more than one
    individual. In case on hand, u/r. 31(2) of 2006 Rules does not provide for same. R.
    31(1) of 2006 Rules is an enabling provision wherein each voter is enabled to file a
    petition challenging validity of election of a candidate.

    CONCLUSION:

    We can conclude that the R. 31(2) of 2006 Rules does not provide for payment of Court fee
    by each of petitioner but payment of Rs. 10,000/- on each petition. There is a difference
    between 'petitioner' and 'petition'. In one petition, there may be several petitioners. It is
    clearly specified that each petition shall be accompanied by a fees of Rs. 10,000/-. No other
    interpretation of above provision is possible. There is a well settled principle of interpretation
    of statute that if provision of an Act is clear and unambiguous and does not lead to absurdity
    or anomaly, literal interpretation has to be resorted to. Petition allowed.

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