Supreme Court of India

Election Commission of India v. Shivaji & Ors.

Neutral citation
Reported as [1988] 1 S.C.R. 878
Bench E.S. Venkataramiah and K.N. Singh JJ.
Decided 10 November 1987

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that both the interim orders the one passed on 26. 9 .1987 postponing the last date of withdrawal of candidatures from 28.9.1987 to 1.10.1987 and the other passed on .._. 16.10, 1987 were without jurisdiction.

Judgment, page 12

From the headnote

c Representation of the People Act, 1951-Whether High Court can entertain a petition questioning an election under Article 226 of the Constitution and rectify an error in the process of election before decla­ ration of result of election held under the provisions. The Governor of Maharashtra by a notification dated 18th September, 1987, issued under section 16 of the Representation of the People Act, 1951 ('the Act') called upon six local authorities Consti­ tuencies in the State of Maharashtra to elect one member from each of the said constituencies to fill the vacancies in the Maharashtra

Where later benches applied it

Of those, 1 relied on · 1 referred to

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