SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Online)(SC) 21067

SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA, HON'BLE MR. JUSTICE J.B. PARDIWALA
ASHWINI KUMAR UPADHYAY – Appellant
Versus
UNION OF INDIA – Respondent


J U D G M E N T

Dr Dhananjaya Y Chandrachud, CJI

1 The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7) of the Representation of the People Act 19511.

1 “Act of 1951”

Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2023.02.04 Reason:

2 Apart from the above challenge, the petitioner seeks a direction to the Central government and the Election Commission of India to take appropriate steps to restrict any person from contesting an election for the “same ofÏce”

from more than one constituency simultaneously.

3 At this stage, it would also be material to note that the third prayer, prayer (c), which sought a direction to the Union government and the Election Commission “to take appropriate steps to discourage independent candidates from contesting the Parliamentary and Assembly elections” was rejected by an order of this Court dated 11 December 2017.

4 The basis of the petition is that on 5 July 2004, the Chief Election Commissioner urged the then Prime Minister to amend Section 33(7) of the Act of 1951 insofar as it permits a person to contest from more than one constituency for th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top