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2007 Supreme(P&H) 298

VIJENDER JAIN, RAJIVE BHALLA
Jasbir Singh Gill @ Dimpa – Appellant
Versus
Election Commission of India – Respondent


For the Petitioner:Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Hemraj Mittal, Mr. Sunil Nehra and Mr. Abhishek Shukla, Advocates.
For the Election Commission of India:Mr. M. L Sarin, Sr. Advocate with Mr. Hemant Sarin and Ms Alka Sarin, Advocates.
For the Respondent:Mr. R.S. Cheema, Advocate General, Punjab with Mr. Sanjiv Sharma, Additional, Advocate General, Punjab.
For Union of India, Ministry of Home Affairs:Ms. Daya Chaudhary, Assistant Solicitor General of India with Ms. Anjali Kukkar, Advocate.
For the Applicant in C.M.No. 2961 of2007:Mr. H.S. Mattewal, Sr. Advocate with Mr. Vikram Chaudhari and Mr. Sandeep Wadhawan, Advocates.

JUDGMENT

Vijender Jain, C.J:- (Oral) By this writ petition, the petitioner prays for the issuance of a writ, directing the Election Commission of India, to conduct elections in Beas Assembly Constituency of the State of Punjab, prior to 27.2.2007, the date fixed for declaration of results.

2. The short point, that has been agitated in this petition, and has been argued by counsel for the parties is vital to the conduct of free and fair elections. In a democracy, elections and their purity are essential to sustain democratic institutions. Article 324 of the Constitution of India clothes the Election Commission of India with powers to conduct free and fair elections. The Hon’ble Supreme, Court from N.P. Ponnuswami V. Returning Officer, Namakkal Constituency, 1952 SCR 218 and Mohinder Singh Gill V. Chief Election Commissioner,1978(1) SCC 405 and till today has upheld the primacy of the Election Commission regarding conduct of elections. The controversy in the present case is whether this Court in the exercise of jurisdiction under Article 226 of the Constitution of India, can direct the Election Commission, to prepone the election to a date, prior to the date, fixed for announcement of


































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