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1984 Supreme(SC) 286

A.N.SEN, P.N.BHAGWATI, RANGANATH MISRA, V.BALAKRISHNA ERADI, V.KHALID
Inderjit Barua – Appellant
Versus
Election Commission Of India – Respondent


JUDGMENT

ORDER :— Transferred Writ Petitions Nos. 365 to 382 of 1984 challenge the validity of the elections to the Assam Legislative Assembly held in February 1983. The principal ground on which the validity of the elections has been challenged is that the electoral rolls were not revised before the elections in contravention of the provisions of S. 21 sub-sec. (2)(a) of the Representation of the People Act 1950 and the elections were held on the basis of the electoral rolls of 1979. Now it is undoubtedly true that the electoral rolls were not revised before the impugned elections were held but the Election Commission dispensed with the revision of the electoral rolls by an order dated 7th January, 1983 made under the opening part of S. 21 sub-sec. (2) and this order has not been challenged in any of the Writ Petitions. Hence the impugned elections cannot be challenged on the ground that they were held on the basis of the electoral rolls of 1979 without revision of the electoral rolls. The petitioners also attacked the validity of the electoral rolls of 1979 on the ground that the Election Commission had, by the Press Note dated 18th September, 1979, erroneously directed the elect


















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