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M.G.Joseph vs C.V.Kuriakose on 11 January, 2007 cites

Maharashtra State Road Transport ... vs Babu Goverdhan Regular Motor Service ... on 10 September, 1969

Relying on the decisions of the Apex Court in M/s.Aphali Pharmaceuticals Ltd v. State of Maharashtra (AIR 1989 SC 2227)and in Maharashtra State Road Transport Corporation v. Babu Goverdhan Regular Motor Service Warora and others (AIR 1970 SC 1926) it was argued that when the prescribed form is not in conformity with the rules, rules will prevail and therefore though Form 2A does not contain a column on the arrears due to BSNL, under the rules, it should have been shown and as it was not shown it is a ground for rejecting the nomination paper. I cannot agree. So long as Form 2A does not provide that the details of arrears due CRP Nos.1067 & 1068 of 2006 20 to the public undertaking is to be shown, for the failure to show the said details it cannot be said that acceptance of nomination paper was an improper acceptance. When section 52(1A) mandates that the particulars are to be furnished in the form and manner prescribed, a candidate could only furnish the particulars as provided in Form 2A. If so it cannot be a ground to set aside the election.
Supreme Court of India Cites 32 - Cited by 96 - C A Vaidyialingam - Full Document

Aphali Pharmaceuticals Ltd vs State Of Maharashtra & Ors on 19 September, 1989

Relying on the decisions of the Apex Court in M/s.Aphali Pharmaceuticals Ltd v. State of Maharashtra (AIR 1989 SC 2227)and in Maharashtra State Road Transport Corporation v. Babu Goverdhan Regular Motor Service Warora and others (AIR 1970 SC 1926) it was argued that when the prescribed form is not in conformity with the rules, rules will prevail and therefore though Form 2A does not contain a column on the arrears due to BSNL, under the rules, it should have been shown and as it was not shown it is a ground for rejecting the nomination paper. I cannot agree. So long as Form 2A does not provide that the details of arrears due CRP Nos.1067 & 1068 of 2006 20 to the public undertaking is to be shown, for the failure to show the said details it cannot be said that acceptance of nomination paper was an improper acceptance. When section 52(1A) mandates that the particulars are to be furnished in the form and manner prescribed, a candidate could only furnish the particulars as provided in Form 2A. If so it cannot be a ground to set aside the election.
Supreme Court of India Cites 31 - Cited by 115 - K N Saikia - Full Document
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