E.S.VENKATARAMIAH, RANGANATH MISRA, M.M.DUTT, K.N.SINGH
Election Commission Of India – Appellant
Versus
Shivaji – Respondent
Judgment
VENKATARAMIAH, J. :- We are very much disturbed by the manner in which the High Court of Bombay (Aurangabad Bench) has interfered not once but twice with the process of election which was being held under the provisions of the Representation of the People Act, 1951 (hereinafter referred to as the Act) to the Legislative Council of the State of Maharashtra from the Osmanabad-cum-Latur-cum-Beed Local Authorities Constituency. The Governor of Maharashtra by a notification dt. 18th Sept. 1987 issued under S. 16 of the Act called upon six local authorities constituencies in the State of Maharashtra to elect one member from each of the said constituencies in order to fill the vacancies in the Maharashtra Legislative Council which had been caused by the retirement of the members representing the said constituencies on the expiration of their terms of office. On the same day the Election Commission of India, the appellant herein, issued a notification under S. 30 of the Act fixing the calendar of events for the purpose of holding the elections accordingly. Osman abad-cum-Latur-cum-Beed Local Authorities Constituency was one of the six constituencies referred to above. According to
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