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1995 Supreme(SC) 201

A. M. AHMADI, N. P. SINGH, S. MOHAN
Election Commission Of India – Appellant
Versus
State Bank Of India Staff Association Local Head Office Unit, Patna: Northern Zone Insurance Employees Association Through Its Divisional Secretary, Durgamal Tripathi – Respondent


Advocates:
B.B.Singh, D.A.DAVE, Indu Malhotra, M.A.KRISHNAMURTHY, M.K.MICHEL, NISHA BAGCHI, S.MURALIDHARAN, SANJAY KAPOOR

JUDGMENT

A.M. Ahmadi, CJI. - I—( Both these appeals can be disposed of by this common judgment as the question under consideration in both cases bears on the language of clause(6) of Article 324 of the Constitution of India.

2. The Election Commission of India is the appellant in both the appeals. Article 324 of the Constitution vests in the Election Commission the power of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State.

Clause (6) of Article 324 reads as under :

"The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1)"

3. Article 327 enables Parliament to make provision with respect to all matters relating to, or connected with, elections to either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House

















































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