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Supreme Court of India 2017-12-01 disposed

Ashwini Kumar Upadhyay vs Union of India and Anr

Bench: 3 — Dipak Misra

In Brief

This writ petition challenged whether disqualified persons (particularly those convicted under criminal law) could benefit from Section 29A of the Representation of The People Act, 1951 to register a political party. The petitioner argued the Election Commission should have quasi-judicial power to refuse registration to such disqualified persons. The Court limited the issue to the effect of the Lily Thomas decision (which struck down Section 8(4) as unconstitutional) on existing disqualifications under Sections 8(1)-(3). The petitioner abandoned the prayer to declare Section 29A ultra vires. The Court issued notice to respondents to address the limited issue regarding the impact of the constitutional declaration.

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Electoral Law Representation of The People Act Political Party Registration Election Commission Constitutional Law

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