Legislative Assembly. The last sitting of the dissolved
Legislative Assembly was held on 3rd April 2002. Immediately after
dissolution of the Assembly, the Election Commission ... limitation within which the Election
Commission is required to hold fresh election for constituting the new
Legislative Assembly.
Whether, under the British Parliamentary practice
State of Gujarat requested the Election Commission for
conducting fresh General Election urgently so that the new Legislative Assembly
would be able to have ... election for the new Legislative Assembly
shall start immediately on dissolution of the Assembly and the Election
Commission shall endeavour to see that
results of the Assembly elections were
made and a recommendation was also
made to keep the newly constituted
Assembly (constituted vide Election
Commission ... Special Reference No.1 of 2002
(popularly known as Gujarat Assembly Election
matter) [(2002) 8 SCC 237]. No provision of the
Constitution stipulates that
inserted at the end.
"59. Provided that the votes at every
election to fill a seat or seats in the
Council of States shall ... clerk, agent or other person who
performs any such duty at an election to
fill a seat or seats in the Council of
States
show that the Election
Commission is required to take steps for holding
election immediately on expiration of the term of the
Assembly or its dissolution ... Legislative Assembly,
the Election Commission is required to initiate
immediate steps for holding election for constituting
Legislative Assembly on the first occasion
inserted at the end.
"59. Provided that the votes at every
election to fill a seat or seats in the
Council of States shall ... clerk, agent or other person who
performs any such duty at an election to
fill a seat or seats in the Council of
States
Mathur JJ.
Facts in C.A. No. 8213/2001
Election to the No. 14 Kuthuparamba Assembly Constituency was held in the
months of April ... first week of January 2000 the Election
Commission notified the election programme. For 37-Bahadurgarh Assembly
Constituency, the last date for filing nominations was appointed
left the
Shiromani Akali Dal on being denied to contest the Assembly
Election in 1997. Since then, the petitioner held Mr. Prakash
Singh Badal ... Congress. It was further pointed out
that in September, 2001 in the Assembly elections in Punjab,
the petitioner wrote a letter to Mr. Badal alleging
Court dismissing his Election
Petition No.1 of 2003 challenging the election of the respondent (Bodh Raj)
as Member of Legislative Assembly from 35-Gangath ... According to Appellant, the respondent was
disqualified to contest the election in the Assembly Constituency reserved
for scheduled caste and therefore, the election
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors on 21 October, 2008
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