Supreme Court of India · 1953-05-22
NAIN SUKH DAS AND ANOTHER vs THE STATE OF UTTAR PRADESH AND OTHERS.
- Citation / case number
- SC 1953/1480
- Court
- Supreme Court of India
- Petitioner
- NAIN SUKH DAS AND ANOTHER
- Respondent
- THE STATE OF UTTAR PRADESH AND OTHERS.
- Bench
- SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.
Judgment text excerpt
The Supreme Court held that elections based on separate electorates violate Article 15(1) of the Constitution, rendering such elections void. However, the petitioners' claim as ratepayers to challenge the Board's composition was not a fundamental right under Article 32, as they did not actively seek to exercise their voting rights. The Court ruled that the petitioners were not entitled to relief under Article 32, as their alleged infringement of rights was not pursued in a timely manner.