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1957 Supreme(SC) 54

P. N. BHAGWATI, SYED JAFAR IMAM, S. R. DASS, A. K. SARKAR, P. B. GAJENDRAGADKAR, J. L. KAPUR
Narayan Bhaskar Khare: Pt. Ram Nath Kalia – Appellant
Versus
Election Commission Of India – Respondent


Advocates:
G.N.Joshi, M.C.SETALVAD, P.A.Mehta, R.H.Dhebar, R.PATTANAIK, R.V.S.Mani, T.R.V.SASTRI

Judgement

S. R. DAS CJI. - The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under Art. 71 (1) of the Constitution of India and to inquire into and decide what has been described as a "grave doubt" in connection with the election of the President of India and to direct the Election Commission not to proceed with the polling in connection with the said election which has been fixed for 6th May 1957, but to hold the same after duly completing all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory.

The first main petition was presented on 26th April 1957, and the second on 29th April 1957. Along with each of the said petitions has been filed a Civil Miscellaneous Petition asking for a stay of the polling for the Presidential election fixed for 6th May 1957. In the first main petition the Returning Officer has not been made a party, but in the second petition he has been impleaded as a respondent. The learned Attorney-General has appeared on behalf of the Election Commission and has waived the service of notice. We can, therefore, dispose of all the p




















































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