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august 1973

Supreme Court of India · 1973-08-28

HARIPRASAD MULSHANKER TRIVEDI vs V. B. RAJU AND OTHERS

Citation / case number
SC 1972/60334
Court
Supreme Court of India
Petitioner
HARIPRASAD MULSHANKER TRIVEDI
Respondent
V. B. RAJU AND OTHERS
Bench
SIKRI, S.M. (CJ),MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.,CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court held that the question of whether a candidate is ordinarily resident in a constituency, as per Section 19 of the Representation of the People Act, 1950, is not a jurisdictional fact subject to judicial review. The Court emphasized that Parliament intended to exclude judicial review in such matters, as reflected in the Representation of the People Act, 1951, particularly Sections 2(1)(e) and 30. Consequently, the High Court's decision to question the Registration Officer's determination was rejected, affirming the legislative intent to limit court intervention in electoral roll matters.

HARIPRASAD MULSHANKER TRIVEDI vs V. B. RAJU AND OTHERS · Niyam