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2002 Supreme(Raj) 620

M.B.SHAH, B.P.SINGH, H.K.SEMA
Union of India – Appellant
Versus
Association for Democratic Reforms – Respondent


Advocates Appeared:
Harish N. Salve, Solicitor General, Rajinder Sachhar, Ashwini Kumar, K.K. Venugopal, Sr. Advocates, Sanjay R. Hegde, Satya Mitra, Aprajita Singh, Advocate for S.N. Terdol, Sanjay Parikh, R.R. Chandrachud, Ranjit Thomas, Javed M. Rao, S.Muralidhar, S.K. Me

Honble SHAH, J.–Short but important question involved in these matters is-in nation wedded to republican and democratic form of government, where election as a Member of Parliament or as a Member of Legislative Assembly is of utmost importance for governance of the country, whether, before casting votes, voters have a right to know relevant particulars of their candidates? Further connected question is-whether the High Court had jurisdiction to issue directions, as stated below, in a writ petition filed under Article 226 of the Constitution of India?

(2). Before dealing with the aforesaid questions, we would refer to the brief facts as alleged by the Petitioner-Association for Democratic Reforms in Writ Petition No.72,57 of 1999 filed before the High Court of Delhi for direction to implement the recommendations made by the Law Commission in its 170th Report and to make necessary changes under Rule 4 of the Conduct of Election Rules, 1961. It has been pointed out that Law Commission of India had, at the request of Government of India, undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the Representation o






















































































































































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