G.M. LODHA, J.—This special appeal arises from the judgment of the single bench in S. B. Civil Writ Petition No. 726 of 1978, dated 24-10-78 by which the writ petition has been dismissed. Mr. Sharma has prayed that in this special appeal the petitioner-appellant may be allowed the following reliefs :

"(a) declaring the following provisions of laws to be void ab-initio, or

ultra vires, (i) Secs. 4, 8, 8-A, 9, 11,33(3) and 146 of the Representation

of the People Act, 1951 to the extent they are contrary and inconsistent with the provisions of Arts. 13, 14, 16, 19(a), 19(g), sub-clause (6) of Arts. 19, 31-c, Art. 39 read with Art. 37, Arts. 102, 103, 105, 122, and the preamble of the Constitution as argued above;

(ii) Secs. 24 and 25 of the Advocates Act, 1961 to the extent they are contrary and inconsistent with 19(g), sub-clause (6) of Art. 19, Art. 29, Art. 31-C, Art. 39 read with 37 of the Constitution and secs. 7 and 29 of the Police Act, 1861 as also against the proviso of Art. 309 and the Rules framed thereunder;

(ii) Provisions of Rules 14, 16, 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958, framed under the proviso of Art 309 of the Constitution to the extent they are contrary and inconsistent with the provisions of Arts. 13, 14, 16, 19(a), 19(g), 31-c, 39 read with 37 of Police Act, 1861;

(b) declaring the provisions of sec. 5(i)(d) of the P.C. Act, 1947 and secs. 7 and 29 of the Police Act, 1861, to be valid every way in comparison to that of the laws enacted after appellants appointment that is 10-2-48, contrary to his service conditions originally entered into, parallel to the provisions of Arts. 221 and 218 of the Constitution, in the light of Art. 14 and preamble of the Constitution;

(c) declaring politics a profession within the meaning of Art. 19(g) read with sub-clause (6) (a) of Art. 19 of the Constitution, so far as respondent No. 1 and other persons of her category are concerned.

(d) declaring Respondent No. 1 to be public servant within the meaning of sec. 21,1.P.C. read with sec. 2 of the P.C. Act, 1947 for the purposes of treating her at par within the frame work of Constitution with all other public servants either employed in the affairs of the union or in the affairs of the State;

(e) declaring the pre-determinations of the Rajasthan University authority (Res. No. 9) under annexure I of the writ petition, and Bar Council of Rajasthan and Bar Council of India (Res. No. 8 and 8) under annexure G and H of the said petition to be void to the extent they go against the principles of imposition of reasonable restrictions under the Constitution of India;

(f) Restraining Non-petitioner No. 1 Shrimati Indira Nehru Gandhi Ex-Prime Minister of India, not to contest By-election of Chikmagalur M.P. Constituency, Karnataka for which she has filed nomination form on 6th October, 1978 till she stands duly tried by a competent criminal Court of law for her prima facie proved Criminal Charges and till Chief Election Officer completes enquiry by exercising his powers conferred on him under sec. 146 of the Representation of People Act, 1951, read with Arts. 102, 103, 192 of the Constitution of India;

(g) Restraining Non-Petitioner No. 2 not to declare Non-Petitioner No. 1 as a competent said election candidate with references to secs. 4, 8, 8-A, 9, 11, 33 and 146 of the Representation of the People Act, 1951, read with Arts. 102(e) and 103 of the Constitution of India;

(h) Require Non-Petitioners Nos, 3, 4, 5 and 6 of this Writ Petition by an order or direction to deal with Non-Petitioner No. 1 in accordance with the common and ordinary law of the land without discriminating her from the petitioner or any other citizen of India;

(i) Require Non-petitioners Nos. 7, 8, 9, and 10 of this Petition to deal with the petitioner in accordance with the common and ordinary law of the land without discriminating him from any of the non-petitioners in matters of professing a profession specified by Art. 19(g) of

Click Here to Read the rest of this document