Supreme Court of India · 1984-04-25
ELECTION COMMISSION OF INDIA vs STATE OF HARYANA
- Citation / case number
- SC 1984/68394
- Court
- Supreme Court of India
- Petitioner
- ELECTION COMMISSION OF INDIA
- Respondent
- STATE OF HARYANA
- Author
- CHANDRACHUD, Y.V. ((),TULZAPURKAR, V.D.,PATHAK, R.S.,MADON, D.P.,THAKKAR, M.P.
- Bench
- CHANDRACHUD, Y.V. ((CJ),TULZAPURKAR, V.D.,PATHAK, R.S.,MADON, D.P.,THAKKAR, M.P.
Judgment text excerpt
The Supreme Court disapproved the practice of obtaining ex parte orders when prior intimation could be given to the opposing party, emphasizing that such actions by public authorities are particularly objectionable. The Court held that the Government of Haryana's ex parte order to stay the Election Commission's notification under Sections 30, 56, and 150 of the Representation of the People Act, 1951 was unjustified as they could have informed the Election Commission beforehand. Consequently, the appeal was allowed, and the ex parte order was set aside.