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1994 Supreme(Pat) 216

SACHCHIDANAND JHA, B.L.YADAV
Rajendra Rai – Appellant
Versus
Election Commission Of India – Respondent


Judgment

B.L.YADAV and S.N.JHA JJ.

1. Whether an election process, when it has commenced can be interdicted, retarded or interfered within exercise of writ jurisdiction under Article 226/227 of the Constitution of India and whether an order of the Chief Electoral Officer seeking confirmation in respect of the modifications of the order passed by the Election Commissioner of India which is not final can be assumed to have become final and whether, under the circumstances of the present case, the petitioner can be said to be entitled to any relief sought for, are the short but significant questions that fall for determination in the present writ application by one Rajendra Rai, who is a voter of 9-Vaishali Parliamentary Constituency and he is also the President of Zila Janta Dal Vaishali.

2. The factual matrix of the case is that the electoral roll of the Vaishali Parliamentary Constituency (in short, the Constituency) was revised under S. 21 of the Representation of the People Act, 1950 (in short, the Act) and the same was also approved by the Election Commissioner of India. The voter list was also re-printed and rearranged. Under Sec. 25 of Representation of the People Act, 1951 (in










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