JAWAHIR SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Jawahir Singh has filed this writ petition under Art. 226 of the Constitution of India with the prayers that :-(i) quash order dated 28-8-1997 issued by the Election Commission of India (Annexure 1)(ii) a mandamus should go commanding respondents to issue appropriate direction to all the Returning Officer of the State to ignore the direction contained in order dated 28-8-1997 (Annexure 1) while deciding objection at the time of scrutiny of nomination papers and a further direction not to reject any nomination of a candidate who has been convicted but his appeal is pending and he is enlarged on bail in the course of elections to the Lok Sabha etc.(iii) declare Section 8(3) of the Representation of People Act, 1951 ultra vires the Constitution.

(2.) Sri Sandip Saxena has put in appearance on behalf of the respondents namely, Election Commission of India and the Union of India.

(3.) Sri P.M. N. Singh, learned counsel for the petitioner, has placed the averments made in the writ petition and two decisions reported in AIR 1961 Punjab 178 Dhanji Ram Sharma v. Union of India and AIR 1971 SC 330, Manni Lal v. Parmai Lal. It may be mentioned that Shri Singh has argued the matter with ability.