Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 103(2) and 104 1950 arts 84 102 101 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950, Arts, 84, 101, 102, 103(2) and 104 - Scope of - Powers of the Election Commission under Sections 10A, 146(1) (2) of the Representation of the People Act, read with Art. 103(2) of the Constitution. Respondent No. 2 who is a voter in the Srikakulam Constituency, submitted a petition to the President of India under Articles 84, 101, 102, 103 and 104 of the Constitution Of India alleging that respondent No. 1, a returned candidate to the Lok Sabha on April 28, 1967 in a bye-election from that constituency, had become subject to the disqualifications contained in Article 102(1 ). The President, exercising his powers under Article 103(2) of the Constitution sought the opinion of the appellant by an order dated May 18, 1968. The appellant issued a notice dated June 6, 1968 to respondent No. 1 calling upon him to submit his reply to the allegations contained in respondent's petition to the President. Earlier to this, the appellant condoned the delay in submission of account of election expenses by respondent No. 1. On ]une 26, 1968, respondent No. 1, therefore, filed a Writ Petition in Andhra Pradesh High Court asking for a writ of prohibition forbidding the appellant from taking further action pursuant to the Notice dated June 6 and for a declaration that the appellant had no jurisdiction to inquire into the petition submitted by respondent No. 2 to the President. The High Court allowed the petition and issued a writ of Prohibition. It has granted to the appellant a certificate of fitness under Article 133(1)(c) of the Constitution. |
Judge | Honble Mr. Justice Y.V. Chandrachud |
Neutral Citation | 1978 INSC 136 |
Petitioner | Electlon Commission Of India |
Respondent | N. G. Ranga And Ors. |
SCR | [1979] 1 S.C.R. 210 |
Judgement Date | 1978-08-17 |
Case Number | 1265 |
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