I K GUJRAL Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The principal and the preliminary question thatarises for consideration in these writ petitions is whether the High Courthas the jurisdiction to try and entertain the petition under Article 226of the Constitution in view of the blanket ban under Article 329(b) of theConstitution.

(2.) This writ petition and other connected writ petitions raise thesame principal question of law above-mentioned and as such can be disposedof by a common judgment. As a matter of fact, in all the writ petitionsthe Election Commission in exercise of the powers under Article 324 ofthe Constitution and Sections 58, 58A,135-A and 153 of the Representation of Peoples Act, 1951 (hereinafter called the 1951 Act') has passed anorder dated 21.5.1991, which is the subject-matter of challenge in thesewrit petitions, whereby he has countermanded the election.

(3.) In order to determine the question above-mentioned, it will besufficient to narrate brief facts as stated in CW 2044/91- I.K. Gujral v.Election Commission.