AMANAT ULLAH KHAN Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petition impugns the order dated 7th June, 2011 of the respondent Election Commission of India (ECI) made in exercise of powers under Section 10A of the Representation of the People Act, 1951 and declaring the petitioner to be disqualified from being a member of either House of the Parliament or Legislative Assembly or Legislative Council of a State (Union Territory of Delhi) for a period three years from the date of the order.

(2.) The reason for the long delay of over two years has been enquired.

(3.) The counsel for the petitioner states that the delay of over two years in preferring the petition has occurred because the petitioner has in the interregnum been representing to the respondent ECI and was compelled to approach this Court since the respondent ECI failed to act. Upon further enquiry as to what was the jurisdiction of the respondent to re-consider, attention is invited to Section 11 of the Act authorizing and empowering the respondent ECI to, for reasons to be recorded, remove any disqualification or reduce the period of any such disqualification.