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1984 Supreme(SC) 125

M. P. THAKKAR, Y. V. CHANDRACHUD, D. P. MADAN, R. S. PATHAK, V. D. TULZAPURKAR
Election Commission Of India – Appellant
Versus
State Of Haryana – Respondent


Advocates:
A.K.SEN GUPTA, A.SUBBA RAO, C.V.SUBBA RAO, H.B.SINGH, K.G.Bhagat, KRISHNAMURTHI SWAMI, R.N.Poddar, S.S.RAY

JUDGMENT

CHANDRACHUD, CJI. (for himself and on behalf of V. D. TULZAPURKAR, R. S. PATHAK AND D. P. MADON, JJ.) :- We had passed an interim order on April 18, suspending the operation of the order passed by the High Court of Punjab & Haryana, on April 17, 1984. The High Court, by its aforesaid order, had stayed the issuance and publication of the notification by the Election Commission of India under Ss. 30, 56 and 150 of the Representation of the People Act, 1951. We had directed that the special leave petition should be listed before us the next day for considering whether the interim order should be confirmed.

2. On February 28, 1984, this Court gave a judgment in Civil Appeal No. 5501 of 1983, setting aside the election of the returned candidate from the 59-Taoru Assembly Constituency in Haryana. As a result of that judgment, a vacancy arose in the Legislative Assembly of the State of Haryana from that Constituency. On April 6, 1984, the Election Commission of India sent a message to the Chief Secretary, Haryana, who is the Chief Electoral Officer for the State of Haryana, informing him that the Commission had fixed a certain programme for holding the by-election to the Taoru Con































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