SC: Court cannot bridge the gap in election provisions by applying equity

The Hon’ble Supreme Court, on 19th June 2020, in the matter of Laxmi Singh And Others v. Rekha Singh And Others observed that even in cases involving election provisions to prevent corrupt practices, the court cannot bridge the gap and supply an apparent omission by applying principles of common law and equity.

The Hon’ble Supreme Court observed that:

When it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions. (Para 13)

Even in cases involving election provisions to prevent corrupt practices, the court and the tribunal must act judicially and not in an inquisitorial manner. The court cannot bridge the gap and supply an apparent omission by applying principles of common law and equity. (Para 13)

One of the fundamental principles of election law pertains to the maintenance of free and fair elections, ensuring the purity of elections. The principle of secrecy of ballots is an important postulate of constitutional democracy whose aim is the achievement of this goal. (Para 14)

Copy of judgement: Judgement_19-Jun-2020
 

-Adv. Tushar Kaushik 

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