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december 1977

Supreme Court of India · 1977-12-02

MOHINDER SINGH GILL & ANR. vs THE CHIIEF ELECTION COMMISSIONER, NEW DELHI & ORS.

Citation / case number
SC 1977/61601
Court
Supreme Court of India
Petitioner
MOHINDER SINGH GILL & ANR.
Respondent
THE CHIIEF ELECTION COMMISSIONER, NEW DELHI & ORS.
Bench
BEG, M. HAMEEDULLAH (CJ),BHAGWATI, P.N.,KRISHNAIYER, V.R.,GOSWAMI, P.K.,SHINGAL, P.N.

Judgment text excerpt

The Supreme Court addressed the challenge to the Election Commission's order for a repoll in an entire constituency under Article 226 and Article 329(b) of the Constitution. The Court held that the jurisdiction of the High Court to entertain a writ petition is limited by Article 329(b), which restricts questioning elections except through an election petition. The Court affirmed the Election Commission's authority under Article 324 to cancel the poll due to disturbances affecting the election's integrity, emphasizing that principles of natural justice do not apply in this context.

MOHINDER SINGH GILL & ANR. vs THE CHIIEF ELECTION COMMISSIONER, NEW DELHI & ORS. · Niyam