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1993 Supreme(Del) 224

C.L.CHAUDHRY
AMAR PAL SINGH – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates Appeared:
ASHISH VAD, G.RAMASVAMY, R.P.Bansal, S.MURALIDHARAN, S.P.PANDEY, SANJAY PODDAR, VAZIR CHAND CHOPRA

C. L. CHAUDHRY

( 1 ) THE petitioner filed this petition, seeking a writ for quashing the order dated 21 -5-1991, passed by the Chief Election Commissioner, countermanding the election in 80 Meerut Parliamentary Constituency and also for quashing the order dated 10-6-1991, passed by the respondent, refusing to review its earlier order dated 21-5-1991. A direction was also sought, directing the respondent and authorities concerned with the elections, to hold an adjourned poll or a re-poll in the affected polling stations of 80 Meerut Parliamentary Constituency as per the procedure, prescribed under the Representation of the People Act, 1951.

( 2 ) THIS writ petition, along wifh other numbers of writ petitions, involving same question of law were heard by a Division Bench of this Court, composing of Mahinder Narain and P. N. Nag, JJ. During the hearing of the writ petition, the learned Attorney General raised a preliminary objection on behalf of the Chief Election Commissioner, the respondent, that the writ petition was not maintainable. The preliminary objection is based upon Article 329 (b) of the Constitution of India, which provides that an election cannot be called in question exc















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