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PETITIONER: RAJ RAJENDRA MALOJIRAO SHITOLE
Vs.
RESPONDENT: THE STATE OF MADHYA BHARAT.RAJA BALBHADRA SINGHV.THE STATE O
DATE OF JUDGMENT: 02/02/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 259 1954 SCR 748 CITATOR INFO : R 1955 SC 817 (16)
ACT: Constitution of India, art. 385--Madhya Bharat Abolition of Jagirs Act (XXVIII of 1951)--Whether void as not passed by a validly constituted legislature.
HEADNOTE: The decision of the Madhya Bharat High Court declaring section 4 (1) (g) and sub-cls. (iv) and (v) of cl. 4 of Schedule I of Madhya Bharat Abolition of Jagirs Act (XXVIII of 1951) as illegal and inoperative was not questioned by either of the parties. It was however, contended that the impugned Act (XXVIII of 1951) was void as it was not passed by a validly constituted legislature within the meaning of the covenant entered into by the Rulers of Madhya Bharat as the provisions of cl. 1(c) of Schedule IV of the covenant for the election of 20 members were not complied with. Held, that as the Madhya Bharat Legislative Assembly actually functioning on the 26th January, 1950, the validity of the Acts passed by it could not be questioned in view of art. 385 of the Constitution irre...