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A. M. AHMADI, B. N. KIRPAL, N. P. SINGH
Election Commission Of India – Appellant
Versus
Subramaniam Swamy – Respondent
JUDGMENT
Ahmadi, CJI .-This is an appeal preferred by the Election Commission of India and Shri T.N. Seshan, the Chief Election Commissioner, (when the former was a single-member commission) against the decision of the Division Bench of the High Court of Madras dated 15.11.1993 by which, reversing the view taken by the learned single Judge of the High Court dated 2.7.1993, it held that in view of the promulgation of Ordinance (Ordinance No. 32 of 1993) the doctrine of necessity was no more attracted and applicable in the facts and circumstances of the case. The question raised in this appeal arises in the backdrop of the following facts :
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