Supreme Court of India

State of Himachal Pradesh and Ors. v. Surinder Singh Banolta

Neutral citation
Reported as [2006] SUPP. 9 S.C.R. 574
Bench S.B. Sinha and Markandey Ka Tju JJ.
Decided 24 November 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the Division Bench of the High Court was correct in its view.

Judgment, page 9

From the headnote

Election laws: Himachal Pradesh Panchayati Raj Act, 1994-ss. 122, 163, 175- 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 India. 1950-Article 2430. Interpretation of statutes: Literal interpretation giving rise to an anomaly or absurdity-Held, Same be avoided. Statute found to be obscure-Same be interpreted having regard to the constitutional scheme-In such situation, doctrine of purposive construction be applied. Statute

Where later benches applied it

Of those, 1 mentioned

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