UNION OF INDIA Vs. ASSOCIATION FOR DEMOCRATIC REFORMS
LAWS(SC)-2002-5-43
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on May 02,2002

UNION OF INDIA,PEOPLE'S UNION FOR CIVIL LIBERTIES (DELHI) Appellant
VERSUS
UNION OF INDIA,ASSOCIATION FOR DEMOCRATIC REFORMS Respondents





Cited Judgements :-

KHEMCHAND RAJRAM KOSHTI VS. UNION OF INDIA [LAWS(GJH)-2017-7-102] [REFERRED TO]
ABDUL RAHMAN VS. NUTAN RAJWADE [LAWS(CHH)-2019-4-56] [REFERRED TO]
R K MITTAL VS. STATE OF U P [LAWS(ALL)-2004-3-37] [REFERRED TO]
UMESH KUMAR SINGH VS. STATE ELECTION COMMISSION AND ORS. [LAWS(JHAR)-2016-3-10] [REFERRED TO]
KRISHNAMOORTHY VS. SIVAKUMAR [LAWS(MAD)-2009-6-66] [REFERRED TO]
SUPRINTENDENT OF POLICE CENTRAL RANGE OFFICE THE DIRECTORATE OF VIGILANCE VS. R KARTHIKEY [LAWS(MAD)-2011-4-337] [REFERRED TO]
GEETHAKRISHNAN VS. STATE ELECTION COMMISSION [LAWS(KER)-2015-10-110] [REFERRED TO]
ABDUL AZEEZ ,A. VS. NISSAM,M. [LAWS(KER)-2013-4-101] [REFERRED TO]
DR. T.P. SENKUMAR I.P.S. VS. UNION OF INDIA AND OTHERS [LAWS(KER)-2017-1-132] [REFERRED TO]
CH SUJATHA VS. STATE ELECTION COMMISSION [LAWS(APH)-2021-3-61] [REFERRED TO]
RAVI NAMBOOTHIRI VS. K.A. BAIJU [LAWS(SC)-2022-11-43] [REFERRED TO]
T MALARAVAN VS. A S MAHESWARI [LAWS(MAD)-2007-12-123] [REFERRED TO]
SUNDER VS. RAMESH DUTTA [LAWS(DLH)-2011-4-40] [REFERRED TO]
ARUN VISHWANATH KAMBLE VS. SATISH SIDDHARTH CHAVAN [LAWS(BOM)-2016-2-307] [REFERRED TO]
NILAM KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-6-80] [REFERRED TO]
SUBASH MOHAPATRA VS. STATE OF ODISHA [LAWS(ORI)-2022-6-4] [REFERRED TO]
COMMUNIST PARTY OF INDIA AND ORS. VS. ELECTION COMMISSION OF INDIA AND ORS. [LAWS(MANIP)-2016-1-2] [REFERRED TO]
JANARDAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2010-9-208] [REFERRED TO]
COMMON CAUSE VS. UNION OF INDIA [LAWS(SC)-2008-4-34] [REFERRED TO]
AJAY GOSWAMI VS. UNION OF INDIA [LAWS(SC)-2006-12-31] [REFERRED TO]
DR. NUTAN THAKUR VS. STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF VIGILANCE, U.P. GOVERNMENT, LUCKNOW [LAWS(ALL)-2017-11-235] [REFERRED TO]
SAMAR SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-135] [REFERRED TO]
NIPENDRA SHARMA VS. STATE OF U P AND 4 OTHERS [LAWS(ALL)-2015-8-403] [REFERRED]
AZAD VIKRAM SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2016-7-91] [REFERRED]
PORBANDAR MUNICIPALITY VS. STATE OF GUJARAT [LAWS(GJH)-2012-12-178] [REFERRED TO]
OFFICE REFERENCE REGARDING ROAD ACCIDENT VS. STATE OF C G [LAWS(CHH)-2002-5-21] [REFERRED TO]
SANKAR PRASAD DATTA VS. ELECTION COMMISSION OF INDIA [LAWS(TRIP)-2019-5-75] [REFERRED TO]
V.P.AMMAVASAI VS. CHIEF ELECTION COMMISSIONER [LAWS(MAD)-2019-4-460] [REFERRED TO]
NARESH KUMAR VS. STATE OF H.P.Q [LAWS(HPH)-2014-5-83] [REFERRED TO]
DESIYA MURPOKKU DRAVIDA KAZHAGAM VS. ELECTION COMMISSION OF INDIA [LAWS(SC)-2012-4-16] [REFERRED TO]
SHAMBHU PRASAD SHARMA VS. CHARANDAS MAHANT [LAWS(SC)-2012-7-11] [REFERRED TO]
MAGAS VARGA KARMACHARIADHIKARI SURAKSHA MAHASANGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-5-39] [REFERRED TO]
MANGANI LAL MANDAL VS. BISHNU DEO BHANDARI [LAWS(SC)-2012-2-33] [REFERRED TO]
PEOPLE UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [LAWS(SC)-2009-2-27] [REFERRED TO]
PON PARAMAGURU DIRECTOR GENERAL OF POLICE VS. STATE OF TAMIL NADU [LAWS(MAD)-2006-3-268] [REFERRED TO]
SATISH MAHADEORAO UKE VS. DEVENDRA GANGADHAR FADNAVIS AND ORS. [LAWS(BOM)-2015-8-301] [REFERRED TO]
AJAY RAI AND ANOTHER VS. SHRI NARENDRA MODI [LAWS(ALL)-2016-12-63] [REFERRED TO]
ANOOP BARANWAL VS. UNION OF INDIA [LAWS(SC)-2023-3-130] [REFERRED TO]
DASANGLU PUL VS. LUPALUM KRI [LAWS(SC)-2023-10-56] [REFERRED TO]
BHAGYODAY JANPARISHAD VS. STATE OF GUJARAT THRO CHIEF SECRETARY [LAWS(GJH)-2012-11-3] [REFERRED TO]
RANJEET KUMAR JHA VS. STATE OF BIHAR [LAWS(PAT)-2011-11-76] [REFERRED TO]
FIRDOUS PARVEEZ TAJ VS. MRS.YASMIN TAJ [LAWS(KAR)-2021-1-68] [REFERRED TO]
SILVER OAK UNIVERSITY VS. PHARMACY COUNCIL OF INDIA [LAWS(GJH)-2023-1-1072] [REFERRED TO]
SUBASH CHANDRA BISWAL VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2018-4-57] [REFERRED TO]
G. VELMURUGAN VS. SOUNDARAVALLI [LAWS(MAD)-2014-4-203] [REFERRED TO]
SUDHAKER VITTHAL MISAL VS. STATE OF MAHARASTRA [LAWS(BOM)-2007-10-167] [REFERRED TO]
GANGADHARAN MOHAN VS. STATE [LAWS(CAL)-2005-12-38] [REFERRED TO]
MUNNA LAL GUPTA CHAIRMAN NAGAR PANCHAYAT S O SHRI LAKHAN LAL GUPTA VS. STATE OF U P [LAWS(ALL)-2005-5-221] [REFERRED TO]
SUDHIR SINGH VS. STATE OF U P [LAWS(ALL)-2006-9-43] [REFERRED TO]
KAMLESH VS. MUKYA NIRWACHAN AYUCT RAJYA NIRWACHAN AYOG U P LUCKNOW [LAWS(ALL)-2006-3-79] [REFERRED TO]
ARUN KUMAR VS. HARSH VARDHAN [LAWS(DLH)-2019-12-64] [REFERRED TO]
GANESH KUMAR VS. RAJU [LAWS(KER)-2013-4-87] [REFERRED TO]
SATYA NARAYAN SINGH VS. ELECTION COMMISSION OF INDIA THROUGH THE CHIEF ELECTION COMMISSIONER [LAWS(PAT)-2013-2-8] [REFERRED TO]
BINODANAND SAH VS. SHAKIL AHAMAD KHAN [LAWS(PAT)-2017-11-254] [REFERRED TO]
AJAY KUMAR DOHAR VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(MPH)-2017-11-280] [REFERRED TO]
K VEERA CHARY VS. HON BLE HIGH COURT OF A P [LAWS(APH)-2008-7-2] [REFERRED TO]
Chadipiralla Narayana Reddy VS. Ponnapureddy Rama Subba Reddy [LAWS(APH)-2003-11-18] [REFERRED TO]
C.J.KARIRA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2013-10-62] [REFERRED TO]
SUSHIL CHOUDHURY VS. STATE OF TRIPURA & ORS. [LAWS(GAU)-2012-12-41] [REFERRED TO]
ADV THOUFEEK AHAMED VISHNU VIHAR VS. UNION OF INDIA [LAWS(KER)-2020-9-537] [REFERRED TO]
SATYAJEET @ NANA SHIVAJIRAO KADAM VS. RAJESH VINAYAK KSHIRSAGAR [LAWS(BOM)-2019-3-143] [REFERRED TO]
THE SUPERINTENDENT OF POLICE VS. R KARTHIKEYAN & OTHERS [LAWS(MAD)-2011-4-215] [REFERRED TO]
THE SUPERINTENDENT OF POLICE VS. R KARTHIKEYAN & OTHERS [LAWS(MAD)-2011-4-215] [REFERRED TO]
KUNAL SAHA VS. PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF WEST BENGAL AND ANOTHER [LAWS(CAL)-2018-2-105] [REFERRED TO]
SANGITA MAJHI VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2019-1-36] [REFERRED TO]
MOHANACHANDRAN NAIR B VS. STATE CO OPERATIVE ELECTION COMMISSION [LAWS(KER)-2013-6-252] [REFERRED TO]
STATE OF KERALA VS. UNNI [LAWS(KER)-2012-12-232] [REFERRED TO]
NIKKI DEVI VS. THE STATE ELECTION COMMISSION [LAWS(PAT)-2019-1-107] [REFERRED TO]
GOPAL BHAGAT VS. STATE OF BIHAR [LAWS(PAT)-2017-5-63] [REFERRED TO]
CPIO, INTELLIGENCE BUREAU VS. SANJIV CHATURVEDI [LAWS(DLH)-2017-8-61] [REFERRED TO]
SUJATO BHADRA VS. STATE OF W B [LAWS(CAL)-2005-9-44] [REFERRED TO]
KAMLESH VS. MUKHYA NIRWACHAN AYUKT [LAWS(ALL)-2006-3-273] [REFERRED TO]
SATISH UKEY VS. DEVENDRA GANGADHARRAO FADNAVIS [LAWS(SC)-2019-10-1] [REFERRED TO]
DUBBAKA NARSIMHA REDDY VS. ELECTION COMMISSION OF INDIA [LAWS(APH)-2014-7-35] [REFERRED TO]
SUKATI VS. STATE ELECTION COMMISSION (PANCHAYAT) [LAWS(PAT)-2017-8-58] [REFERRED TO]
KARIM UDDIN BARBHUIYA VS. AMINUL HAQUE LASKAR [LAWS(GAU)-2023-4-27] [REFERRED TO]
WEST BENGAL STATE ELECTION COMMISSION VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-5-9] [REFERRED TO]
G R S E LTD WORKMENS UNION & ANR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2016-12-114] [REFERRED TO]
SUNIL KUMAR VS. STATE OF U P [LAWS(ALL)-2014-9-369] [REFERRED TO]
NILESH NAVALAKHA VS. UNION OF INDIA [LAWS(BOM)-2021-1-10] [REFERRED TO]
DHAVALBHAI MANGALBHAI GADHVI VS. STATE OF GUJARAT & 5. [LAWS(GJH)-2017-12-38] [REFERRED TO]
HAJI HARUN BHAI VS. TUKOJI RAO PAWAR [LAWS(MPH)-2013-5-166] [REFERRED]
KISAN SHANKAR KATHORE VS. ARUN DATTATRAY SAWANT [LAWS(SC)-2014-5-35] [REFERRED TO]
K J DORAISAMY VS. ASSISTANT GENERAL MANAGER STATE BANK OF INDIA [LAWS(MAD)-2006-11-30] [REFERRED TO]
NANDITA GIRI VS. CENTRAL INFORMATION COMMISSION [LAWS(ORI)-2006-2-8] [REFERRED TO]
RAMESH PANDEY VS. ELECTION COMMISSION OF INDIA & ANOTHER [LAWS(UTN)-2017-6-40] [REFERRED TO]
M BASKARAN VS. ELECTION COMMISSIONER OF INDIA, NIRVACHAN SADAN [LAWS(MAD)-2018-6-230] [REFERRED TO]
NEERAJ DANGI VS. JAGSI RAM [LAWS(RAJ)-2009-8-392] [REFERRED TO]
PALLAVI SINGH PATEL VS. ELECTION COMMISSION OF INDIA [LAWS(ALL)-2022-7-191] [REFERRED TO]
AKIB HASMI VS. STATE OF U P THROUGH PRINCIPAL SECRETARY CO-OPERAT [LAWS(ALL)-2018-3-412] [REFERRED TO]
RAM RANG VS. STATE OF U.P THRU PRIN SECY PANCHAYAT RAJ LKO & ORS [LAWS(ALL)-2016-12-120] [REFERRED TO]
RAMA SHANKAR VS. STATE OF U P AND 4 OTHERS [LAWS(ALL)-2015-9-333] [REFERRED]
ABDUL KAREEM M ALIAS KUNHIPPA VS. KUNNATHADATHIL KUTTYHASSAN [LAWS(KER)-2009-3-89] [REFERRED TO]
NIKHIL D. DATTAR VS. UNION OF INDIA [LAWS(BOM)-2008-8-262] [REFERRED TO]
NANDKISHORE MOHANLAL LAHOTI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-8-125] [REFERRED TO]
PRASHANT BANSILAL BAMB VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-2-53] [REFERRED TO]
MAYANGLAMBAM RAMESHWAR SINGH VS. YENGKHOM SURCHANDRA SINGH [LAWS(MANIP)-2020-11-7] [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [LAWS(SC)-2003-3-104] [REFERRED . (PARA 5)]
RAJA RAM PAL VS. SPEAKER LOK SABHA [LAWS(SC)-2007-1-1] [REFERRED TO]
DESTRUCTION OF PUBLIC AND PRIVATE PROPERITES VS. STATE OF A P [LAWS(SC)-2009-4-1] [REFERRED TO]
MD. AFTAB ANSARI VS. STATE ELECTION COMMISSION [LAWS(JHAR)-2018-4-212] [REFERRED TO]
A RAJA VS. P SRINIVASAN PUBLISHER AND PRINTER OF JUNIOR VIKATAN VASAN PUBLICATIONS PRIVATE LIMITED [LAWS(MAD)-2009-7-170] [REFERRED TO]
DR KUNAL SAHA VS. PRINCIPAL SECRETARY, [LAWS(CAL)-2018-2-4] [REFERRED TO]
NAGAR PANCHAYAT, SAFIPUR VS. STATE OF U P [LAWS(ALL)-2014-11-129] [REFERRED TO]
RAJ KUMAR SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2013-10-141] [REFERRED TO]
SANDEEP YASHWANTRAO SARODE VS. ELECTION COMMISSION OF INDIA [LAWS(BOM)-2019-4-45] [REFERRED TO]
BEDANTI TIWARI VS. BHAIYALAL RAJWADE AND ORS. [LAWS(CHH)-2015-3-7] [REFERRED TO]
SHAMBHU PRASAD SHARMA VS. RETURNING OFFICER & ORS. [LAWS(CHH)-2010-8-44] [REFERRED TO]
GANGAJALI EDUCATION SOCIETY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-53] [REFERRED TO]
CAPTAIN LINGALA PANDURANGA REDDY VS. GOVERNMENT OF INDIA [LAWS(APH)-2011-4-55] [REFERRED TO]
SUPRIYO @ SUPRIYA CHAKRABORTY VS. UNION OF INDIA [LAWS(SC)-2023-10-63] [REFERRED TO]
STATE PUBLIC INFORMATION OFFICER AND DEPUTY SUPRINTENDENT OF POLICE VS. STATE INFORMATION COMMISSION [LAWS(KER)-2021-3-260] [REFERRED TO]
PUBLIC INTEREST FOUNDATION & ORS VS. UNION OF INDIA & ANR [LAWS(SC)-2018-9-73] [REFERRED TO]
MADAN MOHAN VS. ARUN SHOURIE [LAWS(ALL)-2010-1-82] [REFERRED TO]
SURYA BHAN KARWARIA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-2-240] [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAJENDRA PRASAD [LAWS(ALL)-2003-10-182] [REFERRED TO]
PRITAM ROOJ VS. UNIVERSITY OF CALCUTTA [LAWS(CAL)-2008-3-19] [REFERRED TO]
PRABHUNATH SINGH VS. SHRI JANARDAN SINGH SIGRIWAL [LAWS(PAT)-2017-8-201] [REFERRED TO]
NAND LAL KUMAR VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-7-80] [REFERRED TO]
SATTE OF KERALA VS. UNNI [LAWS(KER)-2012-12-245] [REFERRED TO )]
SHEKHAR S. SHRIVASTAVA VS. STATE INFORMATION COMMISSIONER AND OTHERS [LAWS(HPH)-2016-5-119] [REFERRED TO]
R SAKKARAPANI VS. K KARUPPASAMY [LAWS(MAD)-2018-6-67] [REFERRED TO]
CPIO, SUPREME COURT OF INDIA, TILAK MARG, NEW DELHI VS. SUBHASH CHANDRA AGARWAL [LAWS(DLH)-2009-9-193] [REFERRED TO]
CPIO, SUPREME COURT OF INDIA, TILAK MARG, NEW DELHI VS. SUBHASH CHANDRA AGARWAL [LAWS(DLH)-2009-9-193] [REFERRED TO]
KHALIL AHMED SHAIKH MANNU VS. ELECTION COMMISSIONER OF INDIA [LAWS(BOM)-2011-4-8] [REFERRED TO]
RESURGENCE INDIA VS. ELECTION COMMISSION OF INDIA [LAWS(SC)-2013-9-35] [REFERRED TO]
V K NASWA VS. HOME SECRETARY U O I [LAWS(SC)-2012-1-24] [REFERRED TO]
RAVI YASHWANT BHOIR VS. DISTRICT COLLECTOR, RAIGAD [LAWS(SC)-2012-3-4] [REFERRED TO]
All India Council for Technical Education VS. Ombir Kaushik [LAWS(DLH)-2005-12-99] [REFERRED TO]
ALL INDIA GAMING FEDERATION, THANE WEST VS. STATE OF KARNATAKA [LAWS(KAR)-2022-2-13] [REFERRED TO]
YELLAPPA VS. CHIEF SECRETARY, GOVERNMENT OF KARNATAKA [LAWS(KAR)-2022-2-49] [REFERRED TO]
KRISHNA PANCHAMRAO KHOPADE VS. SATISH JHAULAL CHATURVEDI [LAWS(BOM)-2007-8-211] [REFERRED TO]
MANENDRA NATH RAI VS. RETURNING OFFICER 173 LUCKNOW PURVI VIDHAN SABHA AND ORS. [LAWS(ALL)-2016-2-98] [REFERRED TO]
K.KALAIVANAN VS. SUPERINTENDENT OF POLICE [LAWS(MAD)-2013-3-66] [REFERRED TO]
MOPURAGUNDU THIPPESWAMY VS. K.ERANNA [LAWS(APH)-2018-11-4] [REFERRED TO]
UMA ENGINEERING COMPANY VS. CHIEF TECHNICAL EXAMINER IRRIGATION WING A P SECRETARIAT HYDERABAD [LAWS(APH)-2004-1-77] [REFERRED TO]
MAZIEZOKHO NISA AND ORS. VS. T.R. ZELIANG AND ORS. [LAWS(GAU)-2016-12-63] [REFERRED TO]
P.C. GEORGE MLA VS. STATE OF KERALA [LAWS(KER)-2020-11-8] [REFERRED TO]
STATE OF HIMACHAL PRADESH AND OTHERS VS. SATPAL SAINI [LAWS(SC)-2017-2-76] [REFERRED TO]
C.S. RAJINI ANNAIAH VS. THE STATE ELECTION COMMISSION AND ORS. [LAWS(KAR)-2020-4-50] [REFERRED TO]
UNION OF INDIA VS. S K SAIGAL [LAWS(SC)-2006-11-56] [REFERRD TO]
PUKHREM SHARATCHANDRA SINGH VS. MAIREMBAM PRITHVIRAJ [LAWS(MANIP)-2016-2-3] [REFERRED TO]
B.MOHANACHANDRAN NAIR VS. STATE CO-OPERATIVE ELECTION COMMISSION [LAWS(KER)-2013-7-33] [REFERRED TO]
MANGAL DEV VS. STATE ELECTION COMMISSION [LAWS(ALL)-2005-5-109] [REFFERED TO]
ANIL KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2009-9-59] [REFERRED TO]
ANNA YSR CONGRESS PARTY VS. ELECTION COMMISSION OF INDIA [LAWS(DLH)-2021-6-27] [REFERRED TO]
KARAN SINGH TANWAR VS. SURENDER SINGH AND ORS. [LAWS(DLH)-2017-4-10] [REFERRED TO]
UNIVERSITY OF CALCUTTA VS. PRITAM ROOJ [LAWS(CAL)-2009-2-100] [REFERRED TO]
GHANSHYAM MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-4-177] [REFERRED TO]
S P K DHAMODHAR VS. NARAYANASAMY [LAWS(MAD)-2010-8-176] [REFERRED TO]
PUNJAB PRADESH CONGRESS COMMITTEE VS. STATE OF PUNJAB [LAWS(P&H)-2013-6-19] [REFERRED TO]
CENTRAL SCHOOL SERVICE COMMISSION & ORS. VS. TANUJ PAUL [LAWS(CAL)-2017-5-38] [REFERRED TO]
NAGAR MAHAPALIKA, ALLAHABAD VS. STATE OF U.P. [LAWS(ALL)-2014-4-12] [REFERRED TO]
M.L. DEWANGAN VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-1-2] [REFERRED TO]
STATE OF TAMIL NADU VS. STATE OF KERALA [LAWS(SC)-2014-5-12] [REFERRED TO]
ASHOK SHANKARRAO CHAVAN VS. MADHAVRAO KINHALKAR [LAWS(SC)-2014-5-67] [REFERRED TO]
KRISHNAMOORTHY VS. SIVAKUMAR [LAWS(SC)-2015-2-15] [REFERRED TO]
JAIVEER SINGH VS. STATE OF U P & 5 OTHERS [LAWS(ALL)-2015-9-367] [REFERRED]
DHARMENDRA YADAV VS. SANGHMITRA MAURYA [LAWS(ALL)-2020-4-78] [REFERRED TO]
DRAVIDA MUNNETRA KAZHAGAM VS. THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT [LAWS(MAD)-2016-10-36] [REFERRED TO]
PREM SINGH RATHORE VS. T.RAIA SINOH [LAWS(TLNG)-2022-3-45] [REFERRED TO]
FEDERATION OF PRIVATE MEDICAL AND DENTAL COLLEGES OF RAJASTHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-5-64] [REFERRED TO]
SANTOSH MITTAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-10-7] [REFERRED TO]
STATE REP BY INSPECTOR OF POLICE VS. NAKEERAN GOPAL [LAWS(MAD)-2019-1-8] [REFERRED TO]
MANOHAR VS. KUNAL AND ORS. [LAWS(BOM)-2015-10-80] [REFERRED TO]
UMABAI UTTAMJI DANGORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-9-41] [REFERRED TO]
JAYAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-1-146] [REFERRED TO]
RAJPREET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-7-87] [REFERRED TO]
CHANDRAVADAN RANGILDAS DHRUV VS. UNION OF INDIA [LAWS(GJH)-2019-3-101] [REFERRED TO]
VALSAD DISTRICT CENTRAL CO. OP. BANK LTD. VS. BHASKAR Y. MEHTA [LAWS(GJH)-2016-8-227] [REFERRED TO]
KANTILAL BHURIYA VS. GUMAN SINGH DAMOR [LAWS(MPH)-2023-2-20] [REFERRED TO]
PRAKASH RAO S/O D. POLYA VS. MOHANLAL MARKAM S/O BHIKHRAI MARKAM [LAWS(CHH)-2016-10-4] [REFERRED TO]
SUBHASH KUMAR SOJATIA VS. DEVILAL DHAKAD [LAWS(MPH)-2019-7-86] [REFERRED TO]
AKSHYA KUMAR SARANGI VS. UNION OF INDIA & ORS. [LAWS(CAL)-2017-2-5] [REFERRED TO]
REVA ABROL VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(P&H)-2014-2-381] [REFERRED TO]
VANATHI SRINIVASAN VS. CHIEF ELECTORAL OFFICER [LAWS(MAD)-2011-4-19] [REFERRED TO]
SUPRINTENDENT OF POLICE CENTRAL RANGE OFFICE OF THE DIRACTORATE VAGILANED AND ANTI CORRUPTION VS. R KARTHIKEYAN [LAWS(MAD)-2010-1-380] [REFERRED TO]
BRIJESH KUMAR YADAV VS. STATE OF U P [LAWS(ALL)-2003-9-55] [REFERRED TO]
KESARI DEVI VS. STATE OF U P [LAWS(ALL)-2005-8-185] [REFERRED TO]
BRAHMA PRASAD VS. STATE OF U P [LAWS(ALL)-2009-4-309] [REFERRED TO]
SAROJ VS. DELHI STATE ELECTION COMMISSION [LAWS(DLH)-2017-5-245] [REFERRED TO]
COMMON CAUSE, A REGD. SOCIETY VS. BAHUJAN SAMAJ PARTY [LAWS(DLH)-2016-7-72] [REFERRED TO]
V R SOJI VS. VEENA GEORGE [LAWS(KER)-2017-4-152] [REFERRED TO]
RANGA REDDY DISTRICT PRADESH PANCHAYAT RAJ DEPARTMENT HYDERABAD VS. STATE OF A P [LAWS(APH)-2004-1-74] [REFERRED TO]
INDIRA JAISING VS. REGISTRAR GENERAL SUPREME COURT OF INDIA [LAWS(SC)-2003-5-41] [REFERRED]
STATE OF U P VS. JEET S BISHT [LAWS(SC)-2007-5-148] [REFERRED TO]
HOULIM SHOKHOPAO MATE VS. LORHO S. PFOZE [LAWS(MANIP)-2022-9-7] [REFERRED TO]
LORHO S. PFOZE VS. HOULIM SHOKHOPAO MATER [LAWS(MANIP)-2021-3-1] [REFERRED TO]
C.J. KARIRA AND G. BHARGAVI VS. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY AND ORS. [LAWS(APH)-2013-10-118] [REFERRED TO]
MAHESH CHANDRA BHARADWAJ VS. STATE OF U. P. [LAWS(ALL)-2020-10-52] [REFERRED TO]
BRIJ LAL @ BRIJ BAHADUR VS. STATE OF U.P. [LAWS(ALL)-2015-7-328] [REFERRED TO]
AJMAL KHAN VS. ELECTION COMMISSION OF INDIA [LAWS(ALL)-2016-9-105] [REFERRED]
PEOPLE'S UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [LAWS(SC)-2013-9-87] [REFERRED TO]
THALAPPALAM SER. COOP. BANK LTD VS. STATE OF KERALA [LAWS(SC)-2013-10-18] [REFERRED TO]
RESERVE BANK OF INDIA VS. JAYANTILAL N. MISTRY [LAWS(SC)-2015-12-41] [REFERRED TO]
SABEEHA FAIKAGE VS. UNION OF INDIA [LAWS(SC)-2012-10-51] [REFERRED TO]
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THE PRESIDENT, PEECHI SERVICE CO-OPERATIVE BANK PEECHI AND ORS. VS. TESSY VARGHESE AND ORS. [LAWS(KER)-2015-9-97] [REFERRED TO]
BRAJESH SINGH VS. SUNIL ARORA [LAWS(SC)-2021-8-15] [REFERRED TO]
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KANIMOZHI KARUNANIDHI VS. A. SANTHANA KUMAR [LAWS(SC)-2023-5-17] [REFERRED TO]
KAMENG DOL VS. ATUM WELLY [LAWS(SC)-2017-5-21] [REFERRED TO]
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JHARKHAND AGAINST CORRUPTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-1-67] [REFERRED TO]
SANJAY MONDAL VS. BOOTHNATH MONDAL [LAWS(CAL)-2023-7-65] [REFERRED TO]
DHYANAPETA CHARITABLE TRUST VS. NAKKHEERAN PUBLICATIONS [LAWS(MAD)-2010-4-150] [REFERRED TO]
SANJAY BRIJKISHORILAL NIRUPAM VS. GOPAL CHINAYYA SHETTY & ORS [LAWS(BOM)-2018-11-196] [REFERRED TO]
RAJASTHAN PATRIKA PVT. LTD. VS. SPEAKER CHHATTISGARH LEGISLATIVE ASSEMBLY [LAWS(CHH)-2012-10-46] [REFERRED TO]
N SRIRAMAN VS. UNION OF INDIA UOI [LAWS(KAR)-2004-3-56] [REFERRED TO]
RASAL SINGH VS. ELECTION COMMISSION OF INDIA [LAWS(MPH)-2014-9-6] [REFERRED TO]
AZIZ KHAN VS. AKRAM HUSSAIN [LAWS(MPH)-2012-1-152] [REFERRED TO]
AMRUTHESH N P VS. STATE OF KARNATAKA [LAWS(KAR)-2023-5-4] [REFERRED TO]
VARDHMAN TEXTILES LTD VS. STATE OF H P [LAWS(HPH)-2007-11-4] [REFERRED TO]
S. ALWINDERPAL SINGH PAKHOKE VS. UNION OF INDIA [LAWS(P&H)-2004-8-113] [REFERRED TO]
UTTAMRAO RAMBHAJI SHELKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-9-42] [REFERRED TO]
VIPUL JAIN VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-10-6] [REFERRED TO]
M JAYANTHI VS. ELECTION COMMISSION OF INDIA AND ORS [LAWS(MAD)-2013-4-370] [REFERRED]
THE CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA VS. SUBHASH CHANDRA AGARWAL AND ANR. [LAWS(DLH)-2009-9-407] [REFERRED TO]
JASPAL SINGH VS. O P BABBAR [LAWS(DLH)-2008-2-22] [REFERRED TO]
SHAILESH GANDHI VS. CENTRAL INFORMATION COMMISSION [LAWS(BOM)-2015-6-10] [REFERRED TO]
M AJMAL KHAN VS. ELECTION COMMISSION OF INDIA [LAWS(MAD)-2006-9-277] [REFERRED TO]
V VEERAMANI VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-272] [REFERRED TO]
HARI KRISHNA LAL PETITIONER VS. BABU LAL MARANDI [LAWS(JHAR)-2002-7-3] [REFERRED TO]
BUNELA VS. STATE OF U P AND 3 ORS [LAWS(ALL)-2015-8-351] [REFERRED]
MANOJ NARULA VS. UNION OF INDIA [LAWS(SC)-2014-8-54] [REFERRED TO]
MAHESH PRASAD SINGH VS. SATRUGHAN SINHA, SON OF LATE BHUVNESHWARI PRASAD SINHA [LAWS(PAT)-2012-9-9] [REFERRED TO]
NAIZAM VS. CHIEF ELECTORAL OFFICER AND PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(KER)-2010-2-76] [REFERRED TO]
UTTAMSINGH RAMBHAU CHAVAN VS. GANESH SHIVASINGH CHAVAN [LAWS(BOM)-2006-9-37] [REFERRED TO]
SAVELIFE FOUNDATION & ANR. VS. UNION OF INDIA & ANR. [LAWS(SC)-2016-3-57] [REFERRED TO]
SRI MAIREMBAM PRITHVIRAJ @ PRITHVIRAJ SINGH VS. SHRI PUKHREM SHARATCHANDRA SINGH [LAWS(SC)-2016-10-51] [REFERRED TO]
BAZIL DSOUZA VS. ANIL KUMAR AND ORS. [LAWS(KAR)-2015-6-410] [REFERRED TO]
V MADHAV VS. TAMIL NADU INFORMATION COMMISSION [LAWS(MAD)-2011-7-46] [REFERRED TO]
V MADHAV VS. TAMIL NADU INFORMATION COMMISSION [LAWS(MAD)-2011-7-46] [REFERRED TO]
SMT. SULBHA SINSINWAR VS. SMT. BEENA JAT AND ORS. [LAWS(RAJ)-2018-1-463] [REFERRED TO]
DELHI JAL BOARD VS. NATIONAL CAMPAIGN [LAWS(SC)-2011-7-63] [REFERRED TO]
UNIVERSITY OF KERALA VS. COUNCIL PRINCIPALS COLLEGES KERALA [LAWS(SC)-2011-12-43] [REFERRED TO]
S. SUBRAMANIAM BALAJI VS. GOVERNMENT OF TAMIL NADU [LAWS(SC)-2013-7-67] [REFERRED TO]
INDIAN SOAPS & TOILETRIES MAKERS ASSOCIATION VS. OZAIR HUSAIN [LAWS(SC)-2013-3-15] [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [LAWS(SC)-2004-1-123] [REFERRED TO]
ANJALI BHARDWAJ AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2019-2-85] [REFERRED TO]
ESAB INDIA LIMITED VS. SPECIAL DIRIECTOR OF ENFORCEMENT [LAWS(DLH)-2011-3-343] [REFERRED TO]
ARUN TYAGI VS. ELECTION COMMISSION OF INDIA [LAWS(DLH)-2011-4-48] [REFERRED TO]
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K. PUSHPAVANAM VS. UNION OF INDIA [LAWS(MAD)-2021-8-193] [REFERRED TO]
SWATI RAJIV GOSWAMI VS. COMMISSIONER OF POLICE [LAWS(GJH)-2023-1-21] [REFERRED TO]
SMT JIBONTARA GHATOWAR VS. SRI SUNIL RAJKONWAR [LAWS(GAU)-2012-5-80] [REFERRED TO]
SUNIL RAJKONWAR VS. JIBONTARA GHATOWAR [LAWS(GAU)-2013-6-40] [REFERRED TO]
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GANGA MISHRA, ADVOCATE CIVIL COURT, BHABHUA, SON OF LATE RAM SAKHI MISHRA, RESIDENT OF VILLAGE, BHABHUA TOWN, WARD NO. 3, (NORTH TO PATEL CHOWK), P.O. AND P.S. VS. CHHEDI PASWAN, SON OF LATE RAM CHANDRA PASWAN, RESIDENT OF VILLAGE TAKIYA, P.O. [LAWS(PAT)-2016-7-166] [REFERRED TO]
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PRITAM ROOJ VS. UNIVERSITY OF CALCUTTA [LAWS(CAL)-2007-3-51] [REFERRED TO]
BHUPENDRA SINGH RAWAT VS. STATE OF M.P. [LAWS(MPH)-2016-7-70] [REFERRED TO]
RASAL SINGH VS. DR. GOVIND SINGH [LAWS(MPH)-2020-6-11] [REFERRED TO]
RAM ROOP DEVI WIFE OF SRI. MANKESHWAR SAH VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-419] [REFERRED TO]
KUMKUM DEVI VS. STATE ELECTION COMMISSION [LAWS(PAT)-2017-8-59] [REFERRED TO]
C.S. BHUVANESWARI VS. STATE ELECTION COMMISSIONER 100 FEET ROAD VADAPALANI CHENNAI [LAWS(MAD)-2011-10-77] [REFERRED TO]
PRANOY ROY VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-36] [REFERRED TO]


JUDGEMENT

- (1.)Short but important question involved in these matters is _ in a nation wedded to republican and democratic form of government, where election as a Member of Parliament or as a Member of Legislative Assembly is of utmost importance for governance of the country, whether, before casting votes, voters have a right to know relevant particulars of their candidates Further connected question is _ whether the High Court had jurisdiction to issue directions, as stated below, in a writ petition filed under Article 226 of the Constitution of India
(2.)Before dealing with the aforesaid questions, we would refer to the brief facts as alleged by the Petitioner-Association for Democratic Reforms in Writ Petition No. 7257 of 1999 filed before the High Court of Delhi for direction to implement the recommendations made by the Law Commission in its 170th Report and to make necessary changes under Rule 4 of the Conduct of Election Rules, 1961. It has been pointed out that Law Commission of India, had, at the request of Government of India, undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") so as to make the electoral process more fair, transparent and equitable and to reduce the distortions and evils that have crept into the Indian electoral system and to identify the areas where the legal provisions required strengthening and improvement. It is pointed out that Law Commission has made recommendation for debarring a candidate from contesting an election if charges have been framed against him by a Court in respect of certain offences and necessity for a candidate seeking to contest election to furnish details regarding criminal cases, if any, pending against him. It has also suggested that true and correct statement of assets owned by the candidate, his/her spouse and dependent relations should also be disclosed. Petitioner has also referred Para 6.2 of the report of the Vohra Committee of the Government of India, Ministry of Home Affairs, which reads as follows:-
"6.2 Like the Director CBI, the DIB has also stated that there has been a rapid spread and growth of criminal gangs, armed senas, drug Mafias, smuggling gang, drug peddlers and economic lobbies in the country which have, over the years, developed an extensive network of contacts with the bureaucrats/Government functionaries at the local levels, politicians, media persons and strategically located individuals in the non State sector. Some of these Syndicates also have international linkages, including the foreign intelligence agencies. In this context the DIB have given the following examples _

(i) In certain States like Bihar, Haryana and UP, these gangs enjoy the patronage of local level politicians, cutting across party lines and the protection of Governmental functionaries. Some political leaders become the leaders of these gangs, armed senas and over the year get themselves elected to local bodies State Assemblies and the national Parliament. Resultantly, such elements have acquired considerable political clout seriously jeopardising the smooth functioning of the administration and the safety of life and property of the common man causing a sense of despair and alienation among the people;

(ii) The big smuggling Syndicates having international linkages have spread into and infected the various economic and financial activities, including havala transactions, circulation of black money and operations of a vicious parallel economy causing serious damage to the economic fibre of the country. These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of Investigating and Prosecuting agencies extremely difficult; even the members of the Judicial system have not escaped the embrace of the Mafia;

(iii) Certain elements of the Mafia have shifted to narcotics, drugs and weapon smuggling and established narco-terrorism networks specially in the States of J and K, Punjab, Gujarat and Maharashtra. The cost of contesting elections has thrown the politician into the lap of these elements and led to a grave compromise by officials of the preventive/detective systems. The virus has spread to almost all the centres in the country, the coastal and the border States have been particularly affected;

(iv) The Bombay bomb blast case and the communal riots in Surat and Ahmedabad have demonstrated how the India underworld has been exploited by the Pak ISI and the latter's network in UAE to cause sabotage subversion and communal tension in various parts of the country. The investigations into the Bombay bomb blast cases have revealed expensive linkages of the underworld in the various governmental agencies, political circles, business sector and the film world".

(3.)It is also contended that despite the Reports of the Law Commission and Vohra Committee, successive governments have failed to take any action and, therefore, petition was filed for implementation of the said reports and for a direction to the Election Commission to make mandatory for every candidate to provide information by amending Form 2-A to 2-E prescribed under the Conduct of Election Rules, 1961. After hearing the parties, the High Court by judgment and order dated 2nd November, 2000, held that it is the function of the Parliament to make necessary amendments in the Representation of the People Act, 1951 or the Election Rules and, therefore, Court cannot pass any order, as prayed, for amending the Act or the Rules.


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