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august 1978

Supreme Court of India · 1978-08-17

ELECTION COMMISSION OF INDIA vs N.G. RANGA AND ORS.

Citation / case number
SC 1969/60023
Court
Supreme Court of India
Petitioner
ELECTION COMMISSION OF INDIA
Respondent
N.G. RANGA AND ORS.
Bench
CHANDRACHUD, Y.V. (CJ),SARKARIA, RANJIT SINGH,UNTWALIA, N.L.,KOSHAL, A.D.,SEN, A.P.

Judgment text excerpt

The Supreme Court held that the President of India, under Article 103(2) of the Constitution, is obligated to seek the opinion of the Election Commission regarding disqualifications under Article 102(1). The Court ruled that the Election Commission has the authority under Sections 10A and 146(1)(2) of the Representation of the People Act, 1951, to require information relevant to such inquiries. The High Court's writ of prohibition against the Election Commission was set aside, affirming the Commission's jurisdiction to inquire into the allegations made by a voter regarding a candidate's disqualification.

ELECTION COMMISSION OF INDIA vs N.G. RANGA AND ORS. · Niyam