LAWS(SC)-1957-5-11

NARAYAN BHASKAR KHARE PT RAM NATH KALIA Vs. ELECTION COMMISSLON OF INDIA:ELECTION COMMISSION OF INDIA AND ANCTHER

Decided On May 03, 1957
NARAYAN BHASKAR KHARE Appellant
V/S
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

(1.) The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under Art. 71 (1) of the Constitution of India and to inquire into and decide what has been described as a "grave doubt" in connection with the election of the President of India and to direct the Election Commission not to proceed with the polling in connection with the said election which has been fixed for 6th May 1957, but to hold the same after duly completing all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory.

(2.) There is no dispute as to the material facts which may shortly be stated as follows:

(3.) After the general elections in all the States and Union territories of India, except in the Union territory of Himachal Pradesh, which is to return four members to the Lok Sabha and in two constituencies in the State of Punjab, the old Lok Sabha was dissolved on 4th April 1957 and the New Lok Sabha was constituted on 5th April 1957 under S. 73 of the Representation of the People Act (43 of 1951).