Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1954

Supreme Court of India · 1954-05-19

DURGA SHANKAR MEHTA vs THAKUR RAGHURAJ SINGH AND OTHERS.

Citation / case number
SC 1953/1436
Court
Supreme Court of India
Petitioner
DURGA SHANKAR MEHTA
Respondent
THAKUR RAGHURAJ SINGH AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, P.N.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that Article 136 of the Constitution grants it plenary jurisdiction to entertain appeals against any judgment or order, overriding provisions that limit appeals, such as Article 329 and Section 105 of the Representation of the People Act, 1951. The Court clarified that the powers under Article 136 cannot be curtailed by legislation and that a violation of Article 173 due to a candidate's constitutional disability falls under Section 100(2)(c) of the Act, rendering the election void. The Court emphasized the importance of justice in exercising its special leave powers.

DURGA SHANKAR MEHTA vs THAKUR RAGHURAJ SINGH AND OTHERS. · Niyam