tag:blogger.com,1999:blog-15602189.post8148670362447510971..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: The Error in CEC v. Jan ChaukidarAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-15602189.post-49016607197676201942013-08-13T10:23:37.334+05:302013-08-13T10:23:37.334+05:30Section 16(1)(c) of the 1950 Act states that a per...Section 16(1)(c) of the 1950 Act states that a person shall be disqualified for registration in an<br />electoral roll if he<br />(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.<br /><br />So, there are three ingredients:<br />(i) there must be disqualification from voting rights<br />(ii) such disqualification must be under the provisions of any law<br />(iii) such law must be relating to corrupt practices and other offences in connection with elections<br /><br />The difference in interpretation, according to me, lies in the third ingredient. Your argument is that the specific provision of law disqualifying from voting must be in relation to corrupt practices and other offences in connection with elections, where as I see the reasoning of the judgment justified because the 1951 Act is a law relating to corrupt practices and offences [The Preamble to the 1951 Act says "An Act to provide for...the corrupt practices and other offences at or in connection with such elections"], and a provision of such law disqualifying a person from voting is S.62(5). <br /><br />If ingredient (iii) were to be read otherwise, that the "provision of law" disqualifying a person from voting must be in relation to corrupt practices and other offences in relation with such elections, then there is no such specific provision to fit in this criteria. The words of a statute must be interpreted in order to make it operational. <br /><br />Therefore, I feel the reasoning in the judgment is correct.Siddhanthttps://www.blogger.com/profile/04452416699638303183noreply@blogger.com