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Tuesday, November 6, 2012

Election Process & Court Interference

Where the election process has started, it must come to its logical conclusion and once it has come to its logical conclusion by declaration of result of the election, the aggrieved person may challenge the election by filing the election petition or civil suit in accordance with law and this Hon'ble Court may not ordinarily interfere with the election under Article 226 of the Constitution of India. The aforesaid view has been expressed by the Hon'ble Supreme Court of India in the case law reported in A.I.R. 1999 S.C. 1566 = 1998 (4) SCC 529 :: In Re: Umesh Shivappa Ambi & Others Vs. Angadi Shekara Basappa & Others, A.I.R. 1977 S.C. 1703 : In Re: K.K. Srivastava Vs. Bhupendra Kumar Jain, which has been relied upon and reiterated by this Hon'ble Court in the matter reported in (1993) 2 UPLBEC 1333 :In Re: Basant Prasad Srivastava & Another Vs. State of U.P. & Another, C.O.M. Shiksha Prasar Samiti Sagwar Vs. State of U.P. reported in 2008 (3) A.L.J. 329.

 

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