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1 - 3 of 3 (0.37 seconds)Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
In the circumstances, it would be relevant to
refer to the judgment of the Hon'ble Supreme Court in the case of
Mohinder Singh Gill & Anr. vs. Chief Election Commissioner, New Delhi &
Ors., reported in AIR 1978 SC 851, wherein the Hon'ble Supreme Court
has held that the validity of an order must be judged on the basis of the
reasons stated therein and cannot be supplemented by fresh reasons.
Paragraph 8 of the said judgment reads as under:
Commissioner Of Police, Bombay vs Gordhandas Bhanji on 23 November, 1951
920-WP-7914-2024
"8. The second equally relevant matter is that when a statutory
functionary makes an order based on certain grounds, its
validity must be judged by the reasons so mentioned and
cannot be supplemented by fresh reasons in the shape of
affidavit or otherwise. Otherwise, an order bad in the beginning
may, by the time it comes to court on account of a challenge,
get validated by additional grounds later brought out. We may
here draw attention to the observations of Bose, J. in
Gordhandas Bhanji [Commr. of Police, Bombay v. Gordhandas
Bhanji, 1951 SCC 1088 : AIR 1952 SC 16] :
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