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1986 Supreme(All) 35

S.K.DHAON, S.K.MUKHERJEE
UDAI NARAIN SINHA – Appellant
Versus
STATE – Respondent


S. K. DHAON, J.


( 1 ) AN elector, who appears in Person, has invoked the jurisdiction of this Court under Art. 226 of the Constitution to challenge the existence of the current Legislative Assembly - the Ninth Legislative Assembly.

( 2 ) THE term of the Eighth Legislative Assembly was to expire on 27th June, 1985. The Governor of Uttar Pradesh, in the purported exercise of powers under S. 15 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) issued a notification on 30th Jan. 1985, calling upon all the Assembly constituencies in the State to elect members in accordance with the revisions of the Act, the Rules and the orders made thereunder. The Election Commission on 10th Mar. , 1985, issued a notification purporting to be under S. 73 of the Act notifying the names of the members elected in the various constituencies barring a few constituencies where elections could not be held for one reason or the other. On the same date, the Governor, in the purported exercise of powers under cl. (b) of Art. 174 (2) of the Constitution, issued a notification dissolving the Uttar Pradesh Legislative Assembly with effect from that date. A notification issued on the














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