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april 1996

Supreme Court of India · 1996-04-23

ELECTION COMMISSION OF INDIA & ANOTHER vs DR. SUBRAMANIAN SWAMY & ANOTHER

Citation / case number
SC 1994/77614
Court
Supreme Court of India
Petitioner
ELECTION COMMISSION OF INDIA & ANOTHER
Respondent
DR. SUBRAMANIAN SWAMY & ANOTHER
Author
AHMADI
Bench
AHMADI A.M. (CJ)

Judgment text excerpt

The Supreme Court addressed the appeal by the Election Commission of India regarding the disqualification of Ms. J. Jayalalitha under Article 191(1)(e) of the Constitution and Section 9A of the Representation of the People Act, 1951. The Court held that the doctrine of necessity was not applicable due to the promulgation of Ordinance No. 32 of 1993, which altered the legal landscape surrounding the disqualification. Consequently, the Court reversed the High Court's decision and upheld the Election Commission's authority in the matter.

ELECTION COMMISSION OF INDIA & ANOTHER vs DR. SUBRAMANIAN SWAMY & ANOTHER · Niyam