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1997 Supreme(P&H) 903

SWATANTER KUMAR, K.SREEDHARAN
Harbans Singh Jalal, Ex-mla – Appellant
Versus
Union Of India, Through Secretary, Ministry Of Home Affairs – Respondent


Judgment

K.Sreedharan, J.

1. An issue of far reaching consequences is raised in this writ petition. It is whether; Election Commission can control the activities of Government during the period subsequent to the announcement of election to the Parliament or the Legislative Assembly of a State before notification in that regard is issued by the President of India or the Governor of a State, as the case may be.

2. Short facts, necessary for disposal of this case are as follows. Petitioner was a former convener of Kisan Dal which is a Wing of Shiromani Akali Dal, in short, SAD. He claims to be a public man and states that he is aggrieved by the illegal and unconstitutional action of the Election Commission in imposing the restrictions on the Government of Punjab on the eve of the general elections to the Punjab State Legislature. The term of the then Assembly was to expire on March 15, 1997. SAD Party had announced free electricity to agricultural sector; abolition of octroi and Inspector Raj and other welfare measures. The Party then in power, namely, Congress also announced various welfare measures for the people of the State. Virtually, the policies announced by the parties are same

































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