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february 1953

Supreme Court of India · 1953-02-27

FLECTION COMMISSION, INDIA vs SAKA VENKATA SUBBA RAOUNION OF INDIA-Intervener.

Citation / case number
SC 1952/74
Court
Supreme Court of India
Petitioner
FLECTION COMMISSION, INDIA
Respondent
SAKA VENKATA SUBBA RAOUNION OF INDIA-Intervener.
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that the High Court's power to issue writs under Article 226 of the Constitution is limited to its territorial jurisdiction, meaning it cannot issue writs against authorities located outside its jurisdiction, such as the Election Commission based in New Delhi. The Court clarified that Articles 190(3) and 192(1) pertain only to disqualifications arising after election, and thus the Election Commission lacked jurisdiction to investigate the respondent's pre-election disqualification. Consequently, the High Court of Madras had no authority to issue a writ against the Election Commission, affirming the appeal under Article 132 of the Constitution.

FLECTION COMMISSION, INDIA vs SAKA VENKATA SUBBA RAOUNION OF INDIA-Intervener. · Niyam