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november 1987

Supreme Court of India · 1987-11-10

ELECTION COMMISSION OF INDIA vs SHIVAJI & ORS.

Citation / case number
SC 1987/71014
Court
Supreme Court of India
Petitioner
ELECTION COMMISSION OF INDIA
Respondent
SHIVAJI & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that under Section 16 and Section 30 of the Representation of the People Act, 1951, the High Court cannot entertain a petition questioning an election process before the declaration of results. The Court emphasized that the election process must be allowed to proceed without judicial interference unless there are substantial grounds for intervention. The Court upheld the Election Commission's decision to postpone the polling date, affirming that the procedural integrity of elections must be maintained.

ELECTION COMMISSION OF INDIA vs SHIVAJI & ORS. · Niyam