The Lord Chancellor had offered them a writ of privilege but they refused it. The question of the determination of election disputes has particularly been regarded as a special privilege of Parliament in England. Second, the control over the result of the elections and on the question whether the election of any person is valid or invalid is vested in the judiciary under the provisions of Article and Article A learned single judge of the Allahabad High Court upheld the challenge on two grounds rejecting the other grounds of challenge.
Meanwhile on 8 March, before the votes were counted, Raj Narain led a victory procession through the streets of Rae Bareli, thanking the people for their support Indira gandhi vs raj narain and for having elected him.
The American decisions show that if the House claims additional power to disqualify a member on the ground other than those stated in the Constitution judicial review against disqualification would be available.
In the present case, the constituent power did not have any law to apply to the case, because the previous law did not apply and no other law was applied by clause 4. The view of Story on the American Constitution is that the power to judge elections, returns and qualifications of the members of each House composing the legislature is to be lodged in the legislature.
It is emphasised by the respondent that when important leaders of different parties are unconstitutionally prevented from participating in the session of the House, a session cannot be held for deliberations in which different members influence the view of others by their own participation.
Judicial review is not to be founded on any Article similar to the American Constitution. I shall have occasion to dilate on them a little later.
For these reasons I propose to direct a stay, substantially on the same lines as have been made in, earlier similar cases, modified by the compulsive necessities of this case.
With regard to hiring charges of vehicles the High Court found that the respondent did not examine any witness to indicate as to whether the vehicles were used only for party propaganda or they were used in connection with the election of the appellant.
Section 9 of the Amendment Act, has substituted clause a in Section A of the Indian Penal Code and a "candidate" means for the purpose of Section A of the Indian Penal Code a person who has been nominated as a candidate at any election.
So, he pressed for continuance of the status quo which had gone on for a few years now during the pendency of the Election Petition.
Under directions of this Court the original record of the High court was called for. Verma Advocates with themfor Appellant.
Narain joined with other opposition parties to form the Janata alliance to face Mrs. Parliament itself can also hear election disputes.
The concept of free and fair election is worked out by the Representation of the People Act. Against the decision of the Bundestag an appeal shall lie to Federal Constitution Court.Raj Narain (Supp.) SCC 1 Introduction- The very famous case of Indira Gandhi v.
Raj Narain which became one of the landmark cases in the history of India involved a. Indira Gandhi vs.
Raj Narain was a landmark case. Indira Gandhi after being found guilty of using corrupt practices for election by the Allahabad High Court, ma. Prashant Bhushan takes a close look at the landmark Indira Gandhi vs Raj Narain case in his new book, published by Penguin India: The Case That Shook India.
The Supreme Court in this case, added the following feature as 'Basic Features" to the list. Case Study- Indira Nehru Gandhi v. Raj Narain, AIR Sri Raj Narain, respondent No.
1, who was sponsored by the Samyukta Socialist Party filed an election petition u/s 80 r/w S of the Representation of the People Act, to challenge the election of the successful candidate. RAY, C.J. for the In Civil Appeal No. of the appellant is Indira Nehru Gandhi and the respondent is Raj Narain.
Civil Appeal No. of is the cross objection of the respondent.
On July 14, it was directed that both the appeals would be heard together.Download