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PETITIONER: RAJ KRUSHNA BOSE
Vs.
RESPONDENT: BINOD KANUNGO AND OTHERS.
DATE OF JUDGMENT: 04/02/1954
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 202 1954 SCR 913 CITATOR INFO : F 1954 SC 587 (12) F 1955 SC 425 (12) R 1976 SC1207 (565)
ACT: Constitution of India, arts. 136 and 226-Representation of the People Act, 1951 (Act XLIII of 1951), ss. 33(2), 99, 105, 123 (8)-Order of the tribunal under s. 105 declared as final and conclusive-Whether affects discretionary powers of Supreme Court and High Courts under arts. 136 and 226- Elected candidate nominated or seconded by Government servant-Legal effect thereof Orders of tribunal, contents of.
HEADNOTE: (1) The unfettered discretionary powers conferred on the Supreme Court and the High Courts by arts. 136 and 226 of the Constitution respectively cannot be taken away or whittled down by the legislature and therefore s. 105 of the Representation of the People Act, 1951, which provides that every order of the tribunal under the Act shall be final and conclusive did not affect such powers. (2) In view of the provisions of s. 16 of the Representation of the People Act, 1950, and the provisions of ss. 33 (2) and 123 (8) of the Representation of the People Ac...