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1990 Supreme(Kar) 192

M.RAMA JOIS, S.R.RAJASEKHARA MURTHY
J. ROBERT – Appellant
Versus
VS RAM JETH MALANI – Respondent


Advocates:
A.K.SUBBAIAH, K.H.JAGADISH, S.B.Jaisinghani, SOMAYAJEE

M. RAMAJOIS, J.

( 1 ) IN this writ petition the three petitioners have prayed for setting aside the order passed by the chief electoral officer, karnataka, dismissing their appeal presented under Section 24 of the representation of the People Act, 1951, read with Rule 27 of the registration of electors rules, 1960, against the order of the electoral registration officer, No. 84, shantinagar assembly constituency, Bangalore, including the name of the first respondent in the voters' list of that constituency and have also sought for the issue of a writ of quo warranto determining the right of the first respondent to continue as a member of rajya sabha from the state of karnataka.

( 2 ) THE facts of the case, in brief, are these: in the first week of March 1988, the election commission of India announced the holding of elections to fill four seats to the rajya sabha from the state of karnataka. The last date for nomination fixed was 15-3-1988. The election was scheduled to be held on 28-3-1988. As provided in Section 3 of the representation of the People Act, 1951, a person is not eligible to be chosen as a representative of any state in the council of states, namely, rajya sabha, unl





































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