Basant Kumar Chaudhary v. Union of India & Ors.

Supreme Court of India · 10 Jul 2013
A. K. Patnaik; Sudhansu Jyoti Mukhopadhaya
Writ Petition (Civil) No. 694 of 2004
constitutional petition_dismissed Significant

AI Summary

The Supreme Court upheld the constitutional validity of Section 8(4) of the Representation of the People Act, 1951, dismissing the public interest litigation challenging it.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 694 OF 2004
Basant Kumar Chaudhary … Petitioner
VERSUS
Union of India & Ors. … Respondents
The petitioner is a practicing Advocate in the Patna High
Court and has filed this writ petition as a Public Interest
Litigation challenging sub-section (4) of Section 8 of the
Representation of the People Act, 1951 (for short ‘the
Act’), as ultra vires the Constitution.
ORDER

2. This writ petition was heard along with W.P.(C) No.490 of 2005 and W.P.(C) No.231 of 2005 in which subsection (4) of Section 8 of the of the Act is also challenged as ultra vires the Constitution. Page 2

3. We have today delivered the judgment in W.P.(C) No.490 of 2005 and W.P.(C) No.231 of 2005. Hence, this writ petition is disposed of in terms of the aforesaid judgment in W.P.(C) No.490 of 2005 and W.P.(C) No.231 of

2005. No costs...……………..……………………….J. (A. K. Patnaik)...…………..………………………..J. (Sudhansu Jyoti Mukhopadhaya) New Delhi, July 10, 2013.