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SATYA DEV BUSHAHRI* v. PADAM DEV AND OTHERS.

Supreme Court of India | Diary 90366/1954

Status

Judgment

Decided On

1954-05-25

Bench

AIYYAR, T.L. VENKATARAMA

Petitioner

SATYA DEV BUSHAHRI*

Respondent

PADAM DEV AND OTHERS.

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Full Judgment Text

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PETITIONER: SATYA DEV BUSHAHRI*

Vs.

RESPONDENT: PADAM DEV AND OTHERS.

DATE OF JUDGMENT: 25/05/1954

BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MUKHERJEA, B.K. BOSE, VIVIAN

CITATION: 1954 AIR 587 1955 SCR 549 CITATOR INFO : F 1956 SC 315 (2) F 1956 SC 335 (1) RF 1962 SC 145 (8,9) RF 1975 SC2299 (412) D 1985 SC 357 (15)

ACT: Government of Part C States Act (XLIX of 1951), ss. 8 and 17 -- Whether exclude the application of s. 7(d) of the Representation of the People Act 1951 to the elections relating to Part C States -Representation of the People Act (XLIII of 1951), ss. 33(2), 123 (8)-Proposing or seconding a candidate by a person under s. 33(2) -Whether prohibited by s. 123(8)-Mere Appointment of Government servant as polling agent--Whether infringes s. 123(8).

HEADNOTE: Section 17 of Act XLIX of 1951 enacts that a person who would be disqualified to be chosen to either House under an Act of Parliament would be disqualified to be chosen for the State Assembly. Accordingly adopting the test that what would be a disqualification for being a member of either House of Parliament under Art. 102 would under s. 17 be a disqualification for being chosen to the State Assembly, a person who had entered into contracts for the supply of goods not with the Central Government but with the ...

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