Nazir And Ors. vs Emperor on 27 November, 1946
In our opinion insofar as an election petition is
concerned, proper presentation of an election petition in
the Patna High Court can only be made in the manner
prescribed by Rule 6 of Chapter XXI-E. No other mode of
presentation of an election petition is envisaged under the
Act or the Rules thereunder and, therefore, an election
petition could, under no circumstances, be presented to the
Registrar to save the period of limitation. It is a
well-settled salutary principle that if a statute provides
for a thing to be done in a particular manner, then it has
to be done in that manner and in no other manner. (See with
advantage : Nazir Ahrnad v. King Emperor, 63 Indian
Appeals 372=AIR 1936 PC 253; Rao Shiv Bahadw Singh & Anr.
V. State of Vindhya Pndwh, 1954 SCR 1098 = AIR 1954 SC 322.