Search Results Page
Search Results
1 - 10 of 10 (0.60 seconds)Section 62 in The Representation of the People Act, 1951 [Entire Act]
The Representation of the People Act, 1951
Article 326 in Constitution of India [Constitution]
Manoj Dubey vs Election Commission Of India And Ors. on 11 February, 2002
That
in the case Manoj Dubey v. Election Commission of India reported
in AIR 2002 Allahabad 167, the Allahabad High Court interfered
with the order of the Election Commission prescribing alternate
mode of identification of electors other than EPIC and that the
Supreme Court in SLP (Civil) No.3820-3821 of 2002 in the case
Election Commission of India v. Manoj Dubey and others stayed
the above said judgment of the Allahabad High Court by order dated
4.3.2002 and observed that EPIC and other alternate identity
w.p.c.10503/14 - : 16 :-
N.P. Ponnuswami vs Returning Officer, Namakkal ... on 21 January, 1952
the Apex Court as in the case in N.P.Ponnuswami v. the Returning
Officer, Namakkal Constituency reported in AIR 1952 SC 64 and in
a long line of case laws rendered thereafter as in the cases as in
Shyamdeo Pd. Singh v. Nawal Kishore Yadav reported in (2000) 8
SCC 46 and other rulings that the underlying the plenary bar on
judicial proceedings in election matters created by Article 329(b) of
the Constitution of India is pre-emptory urgency of prompt
engineering of the whole election process without intermediate
interruptions by way of legal proceedings challenging the steps and
stages in between its commencement and the conclusion. It is
further submitted that Ext.P1 circular dated 28.3.2014 issued by the
2nd respondent-Chief Electoral Officer, Kerala, is only based on
Annexure A order dated 2.4.2014 issued by the 1st respondent-
Election Commission of India. Annexure B is the letter dated
2.4.2014 issued by the 1st respondent Election Commission of India
addressed to the Chief Electoral Officers of all States and Union
territories and Annexure C is the letter issued by the 1st
respondent-Election Commission of India addressed to the Chief
Electoral Officers of all States and Union Territories dealing with the
w.p.c.10503/14 - : 6 :-
Shyamdeo Pd. Singh vs Nawal Kishore Yadav on 28 August, 2000
the Apex Court as in the case in N.P.Ponnuswami v. the Returning
Officer, Namakkal Constituency reported in AIR 1952 SC 64 and in
a long line of case laws rendered thereafter as in the cases as in
Shyamdeo Pd. Singh v. Nawal Kishore Yadav reported in (2000) 8
SCC 46 and other rulings that the underlying the plenary bar on
judicial proceedings in election matters created by Article 329(b) of
the Constitution of India is pre-emptory urgency of prompt
engineering of the whole election process without intermediate
interruptions by way of legal proceedings challenging the steps and
stages in between its commencement and the conclusion. It is
further submitted that Ext.P1 circular dated 28.3.2014 issued by the
2nd respondent-Chief Electoral Officer, Kerala, is only based on
Annexure A order dated 2.4.2014 issued by the 1st respondent-
Election Commission of India. Annexure B is the letter dated
2.4.2014 issued by the 1st respondent Election Commission of India
addressed to the Chief Electoral Officers of all States and Union
territories and Annexure C is the letter issued by the 1st
respondent-Election Commission of India addressed to the Chief
Electoral Officers of all States and Union Territories dealing with the
w.p.c.10503/14 - : 6 :-
Article 226 in Constitution of India [Constitution]
P. Gajapathi vs Election Commission Of India on 2 April, 2001
In Annexure D produced in the statement filed by the
1st respondent, reference is made to the Division Bench judgment of
the Madras High Court in P.Gajapathi v. Election Commission of
India, reported in AIR 2001 Madras 446, wherein it has been held
that since the Government could not issue EPIC to all voters, such
voters have to satisfy their identity by production of alternate
documents specified and insisted by the Election Commission.
Ram Deo Bhandari vs Election Commission Of India on 17 January, 1995
documents as notified by the Election Commission would come into
operation and could be given effect to in the election. It is also
pointed out that in Ram Deo Bhandari and others v. Election
Commission of India in Writ Petition (Civil) No.2/1995, the issue
regarding insistence of EPIC came up for consideration before the
Apex Court and in that case, the Election Commission of India
submitted that in places where the exercise of issuance of photo
identity cards is not complete, the Election Commission of India
proposes to continue the practice of prescribing alternate
documents for identification of voters at the time of polling and
based on the affidavit filed by the Election Commission of India, the
above said Writ Petition (Civil) No.2/1995 was closed by the
Supreme Court as per the order dated 17.8.2000. It is pointed out
by the respondents that the impugned action to permit the
alternative photo identity documents including the impugned
authenticated photo voter slip has been issued in exercise of the
plenary powers of the Election Commission of India conferred under
Article 324 of the Constitution of India and that it is done essentially
to effectuate the right to vote conferred as per Section 62 of the
w.p.c.10503/14 - : 17 :-
1