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2018 Supreme(Guj) 969

R.SUBHASH REDDY, VIPUL M.PANCHOLI
Khemchand Rajaram Koshti – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
K.R. Koshti, Adv.

JUDGMENT

R. SUBHASH REDDY, J.

1. This petition is filed by way of Public Interest Litigation with the prayers which reads as under :

"7(A) That this Hon'ble Court may be pleased to issue a writ, order or direction in the nature of certiorari or mandamus or any other appropriate writ, order or direction holding and declaring section 125A of the Representation of People Act, 1951 is unconstitutional and is ultra vires the Constitution of India and also violative of Articles 14, 19 and 324 of the Constitution of India:

In the Alternative

(B) That this Hon'ble Court may be pleased to issue a writ, order or direction in the nature of certiorari or mandamus or any other appropriate writ, order or direction holding and declaring that the quantum of sentence prescribed under section 125A of the Representation of People Act, 1951 is in consonance with and is governed by the provisions of Section 181 of the Indian Penal Code.

(C) Pending admission, hearing and final disposal of the petition, an interim direction may be issued directing the respondent no.1 to submit the status report about the action taken in pursuance of the Law Commission of India's Report No.244 seeking to amend the provisions o















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