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1993 Supreme(SC) 646

M. N. VENKATACHALIAH, S. MOHAN
Election Commission Of India – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, C.S.VAIDYANATHAN, D.P.GUPTA, DIPAK DHINGRA, G.RAMASVAMY, GAUTAM KHAITAN, HARISH N.SLAVE, K.K.VENUGOPAL, K.SUBRAHAMANYAM REDDY, K.V.MOHAN, K.V.VISHWANATHAN, KAPIL SIBAL, O.P.KHAITAN, P.H.Parekh, P.R.SITHARAMAN, S.FAZI, S.MURALIDHARAN

(1) THIS writ petition is by the Election Commission of India and is brought before this court under certain extraordinary circumstances. The Commission feels constrained to seek a judicial declaration as to the extent and exclusivity of its jurisdiction, powers and authority in the discharge of its high constitutional functions for the ensurement of the purity of the electoral process in the country which, in the ultimate analyses, constitutes the very foundation and survival of a democratic polity.

(2) ISSUE rule.

(3) ISSUE notices to all the Advocates General of the States which are not, to nomine, parties to the writ petition.

(4) INTERLOCUTORY prayers made in this writ petition overlap similar prayers made in the several transfer petitions and special leave petitions preferred by the Election Commission against the various interlocutory orders of the High courts. We propose to deal with the interlocutory prayers separately in the Special Leave Petitions and TPs.

(5) IT may be recalled that the Election Commission, in its General Order dated 2/8/1993, declared:

"ACCORDINGLY, till such time as the present deadlock, which is solely the mak

















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