R.S.PATHAK, V.R.KRISHNA IYER, V.D.TULZAPURKAR
Manohar Nathurao Samarth – Appellant
Versus
Marotrao And Vice-versa – Respondent
Judgment
KRISHNA IYER, J.:- A tricky issue of statutory construction, beset with semantic ambiguity and pervasive possibility, and a prickly provision which if interpreted literally leads to absurdity and if construed liberally, leads to rationality, confront the court in these dual appeals by special leave spinning around the eligibility for candidature of an employee under the Life Insurance Corporation and the declaration of his rival, 1st respondent, as duly returned in a City Corporation election. A tremendous trifle in one sense, since almost the whole term has run out. And yet, divergent decisions of Division Benches of Madras and Calcutta and a recent unanimous ruling of a Bench of five judges of Punjab and Haryana together with the Bombay High Courts decision under appeal have made the precedential erudition sufficiently conflicting for this Court to intervene and declare the law, guided by the legislative text but informed by the imperatives of our constitutional order. The sister appeal filed by the respondent relates to that part of the judgment of the High Court which reverses the declaration granted by the trial judge that he be deemed the returned candidate.
2. This li
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