process of election, whereby the
High Court has stayed the Notification issued by the
Election Commission of India containing direction as to the
manner ... conferred by Rule 59A of the
Conduct of Election Rules, 1961, the Election Commission of
India issued a notification published in Kerala Gazette
Extra-ordinary
undertaking given before the
Election Commission or has violated the provisions of the Constitution, the
election Commission has neither any power to make any inquiry ... contending parties
before the Election Commission, the function assigned to the Election
Commission under Section 29A is an administrative in nature. His further
argument
Jammu and Kashmir, relying on the
decisions of this Court in Election Commission, India v.
Saka Venkata Subba ... subordinates, the High Court may issue a
writ against the Government.
Election Commission, India v. Saka Venkata Subba Rao, [1953]
S.C.R. II44
transparency in
the process of election, this Court, in Association for Democratic Reforms
(supra), directed the Election Commission of India-Respondent No. 1 herein ... that the Election Commission too is of the
opinion that incomplete nomination papers must be rejected. Hence, the
Election Commission of India sought for clarification
from the first General Elections conducted by the
Election Commission in 1951-52, the Election Commission decided to withdraw
recognition from such parties whose poll ... party to seek recognition
either by the Election Commission or any other body. However, the Election
Commission, from its very inception, duly took note
which is, or is deemed to be, registered with the Election Commission of India as a political party under the Election Symbols (Reservation and Allotment ... Table I to the noti-fication of the Election Commission of India No. 56/J&K/84, dated the 27th September
connection with the Parliamentary election.
4. Article 324 of the Constitution of India vests in the Election Commission the power of superintendence, direction and control ... functions conferred on the Election Commission by Clause (1). The request has to be made by the Election Commission to the President or the Governor
Election Commission.
In this view of the matter, the general power
of superintendence, direction, control and
conduct of election although vested in the
Election Commission ... plenary powers of the
Election Commission under Article 324."
The Apex Court in the case of ELECTION COMMISSION OF
INDIA Vs. STATE BANK
first respondent is taken up for adjudication by the Election Commission. The Election Commission, through its Secretary, has also filed the counter-affidavit ... Election Commission. Thus, in substance, it is the opinion of Election Commission that is decisive.
19. Again, in Election Commission of India
Election Commission and thereafter the
Election Commission in their proceeding dated 30th March, 2012
exercising power under Article 324 of the Constitution of India read ... Election Commission, the Election
Commission should have heard the petitioner, particularly,
Pradeep Kumar Balmachu, who is the candidate in the present
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Rajya Sabha election