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2014 Supreme(Del) 402

N.V.RAMANA, MANMOHAN
Manohar Lal Sharma – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Suman, Sadashir Gupta, Advocates.
For the Respondent:Rajeeve Mehra, ASG with Sachin Datta, CGSC, Vineet Tayal, Aditya Malhotra, Advocates.

Judgment :

N.V. Ramana, J.

1. The present writ petition has been filed challenging the constitutional validity of the Representation of the People (Amendment and Validation) Act, 2013 (for short, impugned Amendment and Validation Act, 2013) as being ultra vires the Constitution of India (for short, the Constitution‘), vitiated by mala fides and against the general public interest.

Amendment and Validation Act, 2013

2. At the outset, it would be appropriate to reproduce the impugned Amendment and Validation Act, 2013, which reads as under:-

"Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows— 1. Short title and commencement.—

(1) This Act may be called the Representation of the People (Amendment and Validation) Act, 2013. (2) It shall be deemed to have come into force on the 10th day of July, 2013.

2. Amendment of Section 7.-- In the Representation of the People Act, 1951 (43 of 1951) (hereinafter referred to as the principal Act), in Section 7, in clause (b), after the words " or Legislative Council of a State", the words "under the provisions of this Chapter, and on no other ground" shall be inserted.

3. Amendment of Section 62.-- In Section 62 of the

































































































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