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PETITIONER: NAIN SUKH DAS AND ANOTHER
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH AND OTHERS.
DATE OF JUDGMENT: 22/05/1953
BENCH: SASTRI, M. PATANJALI (CJ) BENCH: SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN HASAN, GHULAM BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 384 1953 SCR 1184 CITATOR INFO : D 1973 SC1041 (16)
ACT: Constitution of India, 1950, Arts. 14,15(1),32-Municipal election -Election on the basis of communal electorates -Validity-Application under Art. 32 for writ to prevent elected candidates from sitting on the Board-Maintainability-Remedy of ratepayers.
HEADNOTE: The petitioners, who were residents of a municipality, alleging that they had been deprived of their rights to exercise their votes and to seek their election as candidates in certain by elections to the Municipal Board, as those by-elections were held on communal lines on the basis of separate electorates contrary to the provisions of the Constitution, applied for writs tinder art. 32 of the Constitution for preventing the elected candidates from acting as members of the Board, and the District Magistrate and Civil Judge from holding any meetings of the Board: Held, that, though a law which provides for elections on the basis of separate electorates for members of different religious communiti...