Judgement

PATANJALI SASTRI C.J.I.- This is an appeal from an order of a single Judge of the High Court of Judicature at Madras issuing a writ of prohibition restraining the Election Commission, a statutory authority constituted by the President and having its offices permanently located at New Delhi, from enquiring into the alleged disqualification of the respondent for membership of the Madras Legislative Assembly.

2. The respondent was convicted by the Sessions Judge of East Godavari and sentenced to a term of seven year s rigorous imprisonment in 1942 and he was released on the occasion of the celebration of the Independence Day on 15-8-1947. In June 1952 there was to be a by election to a reserved seat in the Kakinada constituency of the Madras Legislative Assembly, and the respondent, desiring to offer himself as a candidate but finding himself disqualified under S. 7 (b), Representation of the People Act, 1951, as five years had not elapsed from his release applied to the Commission on 2-4-1952 for exemption so as to enable him to contest the election. No reply to the application having been received till 5-5-1952, the last day for filing nominations, the respondent filed his n