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1978 Supreme(Raj) 108

G.M.LODHA, K.S.SIDHU
Dhabai Sua Lal Yadav – Appellant
Versus
Indira Nehru Gandhi – Respondent


Advocates Appeared:
S.D. Sharma, for appellant

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

















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