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1993 Supreme(Guj) 310

C.V.JANI, A.P.RAVANI
Madhubhai Jaliabhai Bhai – Appellant
Versus
T. N. Sheshan – Respondent


Advocates Appeared: D.K.TRIVEDI, K.S.Nanavati, KAPIL SIBAL, M.I.MARCHANT, N.D.NANAVATI, P.M.RAVAL, TUSHAR MEHTA, Y.N.OZA

A. P. RAVANI, J.

( 1 ) THE petitioners are members of the Stale Legislative Assembly of gujarat and they are voters for the purpose of biennial election to the Council of State (Rajya Sabha) from the State of Gujarat. The pelitioners challenge the legality and validity of notification annexure-A dated August 2, 1993 issued by the Election commission of India by which the date of biennial election to the Council of States of members from the State of Gujarat is changed. By the said notification the date of poll- 6th August, 1993 - has been shifted to 18th December, 1993, and the date of completion of election which was 10th August, 1993 has been shifted to 22nd December, 1993. The petitioners also pray that the order dated 2nd August, 1993 passed by the Election commission of India, produced at annexure-H to the petition, in which detailed reasons for issuing the notifications have been mentioned be also quashed and set aside. The petitioners pray that the provisions of section 39 and section 153 of the Representation of the People Act, 1951 be declared unconstitutional and ultra vires being violative of articles 14 and 19 of the Constitution of India.

( 2 ) ON August 5, 1993 the pe







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