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NARAYAN BHASKAR KHARE v. THE ELECTION COMMISSION OF INDIA(and connected petition)

Supreme Court of India | Diary 60163/1957

Status

Judgment

Decided On

1957-05-03

Bench

DAS SUDHI RANJAN (CJ),BHAGWATI NATWARLAL H.,IMAM SYED JAFFER,DAS S.K.,KAPUR J.L. & GAJENDRAGADKAR P.B. & SARKAR A.K.

Petitioner

NARAYAN BHASKAR KHARE

Respondent

THE ELECTION COMMISSION OF INDIA(and connected petition)

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8

PETITIONER: NARAYAN BHASKAR KHARE

Vs.

RESPONDENT: THE ELECTION COMMISSION OF INDIA(and connected petition)

DATE OF JUDGMENT: 03/05/1957

BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER DAS, S.K. KAPUR, J.L. GAJENDRAGADKAR, P.B. SARKAR, A.K.

CITATION: 1957 AIR 694 1957 SCR 1081

ACT: President, Election of-Doubts and Disputes relating to such election-jurisdiction and Power of Supreme Court, when can be exercised-’Election’ Meaning of-Constitution of India, Arts. 71, 62-The Presidential and Vice-Presidential Election Act, 1952 (XXXI Of 1952), s. 14.

HEADNOTE: The petitioners entertained grave doubts as to the propriety of holding the Presidential election before the general elections had been completed throughout the entire territory of India and, by applications filed under Art. 71(1) of the Constitution as citizens of India, invoked the jurisdiction and power of the Supreme Court thereunder to inquire into such doubts and sought for an order restraining the Election Commission from taking the poll in connection with the election of the President, fixed for May 6, 1957, till the general elections in the Union territory of Himachal Pradesh and in two Lok Sabha Constituencies of the State of Punjab, which were still to be held, had been completed. The expiry of the term of office of the then President which caused ...

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