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Supreme Court of India 2016-05-03 allowed

Thota Venkateswara Rao vs State Election Commission & Ors

Bench: 2 — Kurian

In Brief

The appellants challenged their disqualification under municipal election rules. The High Court, instead of deciding questions of law before it, remitted the matter to a subordinate officer for consideration. The Supreme Court held that the High Court erred in this approach. A High Court must decide questions of law that come before it in writ proceedings rather than delegate such issues to lower authorities. The Court set aside the High Court's remand order and directed the High Court itself to decide the three questions of law it had framed. The matter was sent back to the High Court for a decision on the merits within three months.

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Election Law Municipal Law Disqualification Judicial Review Remission

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