RAMAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition filed by five persons Messrs. Ramayan Singh, Deveshwar Manjhi, Shankar Manjhi, Krishna Manjhi and Anil Kumar Srivastava, all from the District of Siwan, in effect, submitted that section 34 of the Representation of the People Act, 1951, in so far as it requires that a certain deposit shall be made before a candidate seeks ejection, Assembly or Council of Parliament, is ultra vires to the Constitution of India.

(2.) THE contention of the learned counsel is that the requirement of a deposit as enacted by the Parliament is illegal and the Parliament has no authority to do so or that the Parliament has exceeded its limits in enacting the law.

(3.) JUST for the askance, the court cannot declare the provision, as pleaded, as ultra vires.