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.