BHIM SINGH, PRESIDENT JAMMU AND KASHMIR PANTHERS PARTY versus THE ELECTION COMMISSIONER OF INDIA AND ANR.

BHIM SINGH, PRESIDENT JAMMU AND KASHMIR PANTHERS PARTY versus THE ELECTION COMMISSIONER OF INDIA AND ANR.

Section 30(d) of the Representation of the People Act, 1951 is neither arbitrary nor unconstitutional by not prescribing an outer limit for the date of poll; the flexibility is necessary for the practical functioning of elections considering security and other administrative concerns.

Parties
Petitioner: Bhim Singh, President Jammu and Kashmir Panthers Party; Respondents: The Election Commissioner of India and Anr.; Respondent: Union of India
Jurisdiction
India
Judgment Date
04 April 1996
Procedural Posture
Writ Petition (civil) No. 227 of 1996 Under Article 32 of the Constitution of India / Final Order
Outcome
Petition disposed of.
Legal Topics
Ultra Vires Challenge, Arbitrariness Under Article 14, Election Schedule, Powers of Election Commission
Constitutional Law Election Law Ultra Vires Challenge Arbitrariness Under Article 14 Election Schedule Powers of Election Commission

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Parties

Bhim Singh, President Jammu and Kashmir Panthers Party

Petitioner

The Election Commissioner of India and Anr.

Respondents

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 227 of 1996 Under Article 32 of the Constitution of India / Final Order

Legal Issues

  1. 1 Whether Section 30(d) of the Representation of the People Act, 1951 is unconstitutional for not specifying a maximum period for holding elections after withdrawal of nominations.

Ratio Decidendi

Section 30(d) of the Representation of the People Act, 1951 is neither arbitrary nor unconstitutional by not prescribing an outer limit for the date of poll; the flexibility is necessary for the practical functioning of elections considering security and other administrative concerns.

Court Disposition

Petition disposed of.

Orders

  • No order as to costs.