An election is contested between lsquo A rsquo and lsquo B rsquo lsquo A rsquo loses the election an...........

Specific Relief Act (SRA) 1963 Declaratory Decrees

An election is contested between ‘A’ and ‘B’; ‘A’ loses the election and ‘B’ wins. Thereafter, ‘A’ seeks a declaration against ‘B’ to the effect that, selection of ‘B’ is illegal. In this case

it is a negative declaration which is sought by ‘A’ as against ‘B’, thus it cannot be allowed as per the mandate of Section 34 of the Specific Relief Act, 1963

the declaration may be allowed as per the mandate of Section 34 of the Specific Relief Act, 1963

the declaration may be allowed as per the mandate of Section 36 of the Specific Relief Act, 1963

the declaration shall not be allowed as per section 38 of the Specific Relief Act, 1963

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Explanation:

Section 34 - An election is contested between ‘A’ and ‘B’; ‘A’ loses the election and ‘B’ wins. Thereafter, ‘A’ seeks a declaration against ‘B’ to the effect that, selection of ‘B’ is illegal. Now, this is a negative declaration which is sought by ‘A’ as against ‘B’, thus it cannot be allowed as per the mandate of Section 34 of the Specific Relief Act, 1963. If ‘A’, on the other hand had sought a declaration to the effect that, non-selection of ‘A’ is void because elections were conducted in an illegal manner, then this declaration been couched in a positive language could have been allowed by the court of law.