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INDIRA BANERJEE, A. S. BOPANNA
Vivek Krishna – Appellant
Versus
Union of India – Respondent
| Table of Content |
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| 1. writ under article 32 for enforcement of rights. (Para 3 , 4 , 5 , 6) |
| 2. no fundamental right claimed; law-making is legislative domain. (Para 8 , 22) |
| 3. mandamus can compel public duty; legislative commands not enforceable. (Para 9 , 10 , 11 , 12 , 13 , 14 , 19 , 20 , 21) |
| 4. petition barred by res judicata; vague allegations unsupported. (Para 18 , 23 , 24 , 25) |
| 5. writ petition dismissed; applications disposed of. (Para 26 , 27) |
ORDER :
The application for permission to argue and appear in-person being IA No. 117315/2021 is allowed.
2. Heard the Petitioner appearing in-person.
3. This Writ Petition has been filed under Article 32 of the Constitution of India seeking a writ in the nature of Mandamus or any other appropriate writ/order/direction on the Respondent No.1, i.e. the Union of India, to impose restrictions to prevent Civil Servants from contesting elections to the Legislature, Central or State, on a political party ticket, immediately after retirement or resignation from service, by imposing a “Cooling off Period”.
4. Under Article 32 of the Constitution of India, appropriate proceedings may be filed in this Court, as of right, for enforcement of any of the
The central legal point established in the judgment is the bar to interference by courts in electoral matters under Article 329 of the Constitution of India and Section 80 of the Representation of th....
Election disputes must be resolved through election petitions under the Representation of the People Act, 1951, not through writ petitions, due to the constitutional bar under Article 329(b).
Where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved ....
Article 324 of Constitution of India postulates the superintendence, direction and control of election to be vested in an “Election Commission”. Clause (1) of Article 324 specially deals with power o....
The right to contest elections is a statutory right, not a fundamental right, allowing restrictions based on criminal background to protect electoral integrity.
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