INDIAN NATIONAL CONGRESS I Vs. INSTITUTE OF SOCIAL WELFARE
LAWS(SC)-2002-5-9
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on May 10,2002

INDIAN NATIONAL CONGRESS INDIA Appellant
VERSUS
INSTITUTE OF SOCIAL WELFARE Respondents


Referred Judgements :-

REX V. ELECTRICITY COMMISSIONERS [REFERRED . (PARA 23) 10.]
COOPER V. WILSON [REFERRED . (PARA 21) 8.]
COMMUNIST PARTY OF INDIA (MARXIST) V. BHARAT KUMAR AND ORS. [REFERRED . (PARA 2) 2. SLP NO. 8738/1992 D/- 28.8.92. (PARA 6) 3.]
PROVINCE OF BOMBAY VS. KHUSHALDAS S ADVANI SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESENTATIVE A GOVINDRAM KHUSHALDAS AND B RAMCHAND KHUSHALDAS [REFERRED . (PARA 20) 4.]
RADESHYAM KHARE VS. STATE OF MADHYA PRADESH [REFERRED . (PARA 20) 5.]
T N SESHAN CHIEF ELECTION COMMISSIONER OF INDIA CHO S RAMASWAMY B K RAI COMMON CAUSE A REGISTERED SOCIETY VS. UNION OF INDIA :UNION OF INDIA :UNION OF INDIA [REFERRED]
INDIAN BANK VS. SATYAM FIBRES INDIA PRIVATE LIMITED [REFERRED]
STATE OF HIMACHAL PRADESH VS. RAJA MAHENDRA PAL [REFERRED . (PARA 20) 7.]



Cited Judgements :-

MAHESH AGRAWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-7-126] [REFERRED TO]
THE SOUTH INDIAN SUGAR MILLS ASSOCIATION VS. GOVERNMENT OF KARNATAKA [LAWS(KAR)-2014-11-173] [REFERRED TO]
PEMA KHANDU VS. THE SPEAKER, ARUNACHAL PRADESH LEGISLATIVE ASSEMBLY [LAWS(GAU)-2016-3-26] [REFERRED TO]
ATOWAR RAHMAN VS. STATE OF ASSAM AND 6 ORS [LAWS(GAU)-2018-11-74] [REFERRED TO]
MANJIT SINGH MOOLSINGH SETHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-12-32] [REFERRED TO]
HANS RAJ JAIN VS. ELECTION COMMISSION OF INDIA [LAWS(DLH)-2015-3-165] [REFERRED TO]
VINAYAK LOCAL AREA BANK LIMITED VS. RESERVE BANK OF INDIA [LAWS(DLH)-2007-1-43] [REFERRED TO]
RADHA KRISHNA TANDON VS. STATE OF C.G. AND OTHERS [LAWS(CHH)-2017-7-75] [REFERRED TO]
SMT. URVASHI SINGH THAKUR, W/O SHRI SARAD KUMAR SINGH VS. CHHATTISGARH STATE ELECTION COMMISSION [LAWS(CHH)-2017-8-79] [REFERRED TO]
MEHRUNNISSA VS. STATE OF U.P. [LAWS(ALL)-2023-2-7] [REFERRED TO]
UMESH BAIJAL VS. STATE OF U P [LAWS(ALL)-2003-12-1] [REFERRED TO]
SITAL MANDAL VS. UNION OF INDIA [LAWS(GAU)-2022-4-17] [REFERRED TO]
STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) VS. A.P. STATE WAKF BOARD [LAWS(SC)-2022-2-24] [REFERRED TO]
RAJANI KUMARI VS. STATE ELECTION COMMISSION [LAWS(PAT)-2019-9-87] [REFERRED TO]
MADRAS HIGH COURT ADVOCATES ASSOCIATION VS. THE SECRETARY BAR COUNCIL OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-6-87] [REFERRED TO]
BINA DEVI SHARMA VS. STATE OF SIKKIM [LAWS(SIK)-2010-9-13] [REFERRED TO]
NAMIT SHARMA VS. UNION OF INDIA [LAWS(SC)-2012-9-36] [REFERRED TO]
BRD SECURITIES LTD. VS. UNION OF INDIA [LAWS(KER)-2023-5-161] [REFERRED TO]
T. EASWARANUNNI AND ORS. VS. STATE OF KERALA AND ORS [LAWS(KER)-2020-2-216] [REFERRED TO]
ANIL THOMAS VS. INDIAN NATIONAL CONGRESS, REPRESENTED BY ITS GENER [LAWS(KER)-2017-12-175] [REFERRED TO]
SUNIL KUMAR AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2018-7-270] [REFERRED TO]
SANDEEP AGARWALLA VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2018-11-114] [REFERRED TO]
RELIANCE INDUSTRIES LTD VS. GUJARAT STATE INFORMATION COMMISSIONER [LAWS(GJH)-2007-8-7] [REFERRED TO]
SANJAY LAKHE PATIL VS. HARIBHAU BAGADE [LAWS(BOM)-2014-12-102] [REFERRED TO]
DAMODAR JAIRAM SAO VS. DEPUTY CHAITY COMMISSIONER [LAWS(BOM)-2011-9-61] [REFERRED TO]
SUNIL GAYAPRASAD MISHRA VS. RASHTRA SANT TUKDOJI MAHARAJ UNIVERSITY [LAWS(BOM)-2012-8-172] [REFERRED TO]
VISHWANATH LIMBAJI BHOWATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-2-72] [REFERRED TO [ 5 ,10 ]]
ARENESS FOUNDATION VS. GOVERNMENT OF NCT OF DELHI AND ANR [LAWS(DLH)-2018-10-225] [REFERRED TO]
BECHAN SINGH VS. PRESCRIBED AUTHORITY/SPECIAL CHIEF JUDICIAL MAGISTRATE ALLAHABAD [LAWS(ALL)-2007-4-246] [REFERRED TO]
KAILASH GAHLOT VS. ELECTION COMMISSION OF INDIA (DELHI)(D.B.) [LAWS(DLH)-2018-3-358] [REFERRED TO]
SUBHA VS. STATE OF KARNATAKA [LAWS(KAR)-2021-11-144] [REFERRED TO]
JOHN ROSE VS. STATE OF KERALA [LAWS(KER)-2007-1-696] [REFERRED TO]
ANIL THOMAS VS. INDIAN NATIONAL CONGRESS [LAWS(KER)-2017-12-147] [REFERRED TO]
K.V. BIJU VS. UNION OF INDIA AND ORS. [LAWS(KER)-2015-6-38] [REFERRED TO]
THE PRESIDENT, PEECHI SERVICE CO-OPERATIVE BANK PEECHI AND ORS. VS. TESSY VARGHESE AND ORS. [LAWS(KER)-2015-9-97] [REFERRED TO]
CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR. VS. STATE OF PUNJAB & ORS. [LAWS(SC)-2018-7-13] [REFERRED TO]
BRAJESH SINGH VS. SUNIL ARORA [LAWS(SC)-2021-8-15] [REFERRED TO]
TEHRI HYDRO DEVELOPMENT CORPORATION LTD VS. KARAM CHAND THAPAR [LAWS(UTN)-2004-12-41] [REFERRED TO]
SATYA PAL ANAND VS. STATE OF M.P. [LAWS(SC)-2014-5-10] [REFERRED TO]
SANTOSH SHARMA VS. CHHATTISGARH STATE ELECTION COMMISSION [LAWS(CHH)-2019-4-192] [REFERRED TO]
UTILITY USERS WELFARE ASSOCIATION VS. STATE OF GUJARAT & 12 [LAWS(GJH)-2015-10-211] [REFERRED]
SAMEER SUBHASH RAJUKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-5-148] [REFERRED TO]
SARBESWAR TAMULI AND 13 ORS VS. UNION OF INDIA AND 4 ORS [LAWS(GAU)-2018-12-78] [REFERRED TO]
PINKI KUMARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-8-114] [REFERRED TO]
PEELA POTHI NAIDU VS. STATE OF A P [LAWS(APH)-2005-4-15] [REFERRED TO]
YUVRAJ DATTATRAYA PATIL VS. REGIONAL JOINT DIRECTOR SUGAR [LAWS(BOM)-2011-5-12] [REFERRED TO]
YUVRAJ DATTATRAYA PATIL AND ORS. VS. REGIONAL JOINT DIRECTOR (SUGAR) KOLHAPUR REGION, [LAWS(BOM)-2011-5-117] [REFERRED TO]
JAGNNATH HANUMANT SONAWANE VS. SLUM REHABILITATION AUTHORITY [LAWS(BOM)-2011-5-121] [REFERRED]
RAJENDER PRASAD KANSAL VS. LT GOVERNOR OF DELHI [LAWS(DLH)-2006-12-137] [REFERRED TO]
KHAZAN SINGH VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2013-2-21] [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. REGISTRAR OF SOCIETIES [LAWS(DLH)-2012-4-260] [REFERRED TO]
KESARI DEVI VS. STATE OF U P [LAWS(ALL)-2005-8-185] [REFERRED TO]
DHANVANTRI MEDICAL COLLEGE & HOSPITAL & RESEARCH CENTRE VS. UNION OF INDIA & ANR [LAWS(DLH)-2017-12-71] [REFERRED TO]
COMMON CAUSE, A REGD. SOCIETY VS. BAHUJAN SAMAJ PARTY [LAWS(DLH)-2016-7-72] [REFERRED TO]
DHEERAJ SINGH VS. STATE OF U P [LAWS(ALL)-2016-9-305] [REFERRED]
DHEERAJ SINGH VS. STATE OF U P [LAWS(ALL)-2016-9-305] [REFERRED]
T P SINGH VS. REGISTRAR/ASSISTANT REGISTRAR, FIRMS SOCIETIES & CHITS, TELIYARGANJ & 4 ORS [LAWS(ALL)-2018-10-32] [REFERRED TO]
MAHESH CHANDRA BHARADWAJ VS. STATE OF U. P. [LAWS(ALL)-2020-10-52] [REFERRED TO]
SAMIR SARKAR VS. STP AND OTHERS [LAWS(CAL)-2009-3-122] [REFERRED TO]
BUDDHI VIDHATAJAN KALYAN SAMITI VS. UNION OF INDIA & ANR. [LAWS(DLH)-2016-12-182] [REFERRED TO]
MANJU VARMA VS. STATE OF U P [LAWS(SC)-2004-11-68] [REFERRED TO]
PYNDAPBORTHIAW SAIBON VS. ELECTION COMMISSION OF INDIA [LAWS(MEGH)-2020-9-9] [REFERRED TO]
PUSPA DEVI VS. STATE OF JANDK [LAWS(J&K)-2010-9-7] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. YASHPAL GARG & CO [LAWS(J&K)-1999-8-34] [REFERRED]
ANTONY P. MATHEW VS. REGIONAL MANAGER (MARKETING) LIFE INSURANCE CORPORATION OF INDIA [LAWS(KER)-2014-9-99] [REFERRED TO]
M/S. CONCEPTS AND MORE, A REGIONAL PARTNERSHIP VS. BRUHATH BENGALURU MAHANAGARA PALIKE [LAWS(KAR)-2012-3-86] [REFERRED TO]
MODERN MEDICAL INSTITUTE SOCIETY LALPUR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-8] [REFERRED TO]
AJAY JAISWAL VS. STATE OF CHHATTISGARH, THROUGH DIRECTOR PANCHAYAT [LAWS(CHH)-2018-4-48] [REFERRED TO]
SUBHAS ANNA KOOL VS. DAUND TAL SAHAKARI DUDH [LAWS(BOM)-2006-5-4] [REFERRED TO]
SARDA ENERGY AND MINERALS LTD VS. UNION OF INDIA [LAWS(DLH)-2011-1-366] [REFERRED TO]
HASSAN BODUMUKAJOTHI VS. UNION TERRITORY OF LAKSHADWEEP [LAWS(KER)-2022-1-64] [REFERRED TO]
SIRAJ BAIG VS. BANGALORE CITY CORPORATION [LAWS(KAR)-2010-11-49] [REFERRED TO]
GUJARAT AMBUJA CEMENTS LIMITED (AMBUJA CEMENTS LIMITED) VS. STATE OF CHHATTISGARH, THROUGH DISTRICT REGISTRAR-CUM-COLLECTOR (STAMPS) [LAWS(CHH)-2018-1-98] [REFERRED TO]
SMT. KAMTI BAI VS. STATE OF CHHATTISGARH & ORS. [LAWS(CHH)-2017-12-44] [REFERRED TO]
DYNAMETIC OVERSEAS PRIVATE LIMITED AND ORS. VS. STATE BANK OF INDIA AND ORS. [LAWS(CAL)-2016-4-36] [REFERRED TO]
DIOGO GRACIAS VS. STATE OF GOA [LAWS(BOM)-2011-5-41] [REFERRED TO]
COMMITTEE OF MANAGEMENT PANDIT JAWAHARLAL NEHRU INTER COLLEGE VS. DEPUTY DIRECTOR OF EDUCATION GORAKHPUR [LAWS(ALL)-2004-10-1] [REFERRED TO]
JANGA RAGHAVA REDDY VS. STATE OF ANDHRA PRADESH,REPRESENTED BY ITS SECRETARY [LAWS(APH)-2013-4-23] [REFERRED TO]
JANGA RAGHAVA REDDY VS. STATE OF ANDHRA PRADESH,REPRESENTED BY ITS SECRETARY [LAWS(APH)-2013-4-23] [REFERRED TO]
ROOP NARAYAN VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-12-33] [REFERRED TO]
State of M.P. VS. N.K. Vaidya [LAWS(MPH)-2003-6-58] [REFERRED TO]
REV DR GEORGE NJARAKUNNEL VS. STATE OF KERALA [LAWS(KER)-2009-7-114] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. DR.SALEEM UR REHMAN [LAWS(SC)-2021-10-93] [REFERRED TO]
SUNIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2021-4-103] [REFERRED TO]
INDIAN RAYON ( A UNIT OF ADITYA BIRLA NUVO LTD) VS. STATE OF GUJARAT & OTHER [LAWS(GJH)-2015-9-215] [REFERRED]
APNA DAL VS. ELECTION COMMISSION OF INDIA [LAWS(ALL)-2017-1-2] [REFERRED TO]
HARIOM VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-5-519] [REFERRED TO]
RESERVE BANK OF INDIA VS. UNION OF INDIA [LAWS(DLH)-2005-12-78] [REFERRED TO]
SUDHIR JANARDHAN DESAI VS. HYPHOSPHITE and CO [LAWS(BOM)-2004-6-1] [REFERRED TO]
SUKHDEV STEEL CUTTERS AND WELDERS VS. HONBLE SRI LALTA PRASAD JUDICIAL OFFICER [LAWS(ALL)-2005-5-142] [REFERRED TO]
COMMITTEE OF MANAGEMENT VS. REGIONAL DEPUTY DIRECTOR OF EDUCATION [LAWS(ALL)-2004-10-118] [REFERRED TO]
S. PARAMESWARAN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2004-5-41] [REFERRED TO]
CHAKRESH PATEL VS. STATE OF M P AND OTHERS [LAWS(MPH)-2017-8-239] [REFERRED TO]
NATIONAL SECURITIES DEPOSITORY LTD. VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(SC)-2017-3-68] [REFERRED TO]
SUKH SAGAR MEDICAL COLLEGE AND HOSPITAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-2020-7-18] [REFERRED TO]
ORISSA ADMINISTRATIVE TRIBUNAL BAR VS. UNION OF INDIA [LAWS(SC)-2023-3-75] [REFERRED TO]
ABDUL KUDDUS VS. UNION OF INDIA [LAWS(SC)-2019-5-80] [REFERRED TO]
VINOD.K.S VS. STATE OF ELECTION COMMISSION [LAWS(KER)-2021-9-51] [REFERRED TO]
MAYUR VASANT SONAWANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-4-78] [REFERRED TO]
PARAS JAIN VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-12-252] [REFERRED TO]
NAGAR PANCHAYAT, SAFIPUR VS. STATE OF U P [LAWS(ALL)-2014-11-129] [REFERRED TO]
SANTOSH NAMDEO, S/O LATE KHORBAHRA NAMDEO VS. STATE OF CHHATTISGARH, THROUGH SPECIAL SECRETARY, [LAWS(CHH)-2017-10-20] [REFERRED TO]
MANRAKHAN DEWANGAN VS. STATE OF CHHATTISGARH AND OTHERS [LAWS(CHH)-2017-10-59] [REFERRED TO]
RAMESH DHULATRAO GAWHALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-10-134] [REFERRED TO]
JAGDISH BULCHANDBHAI MOHNANI VS. TAMANNA H. JHALODIA [LAWS(GJH)-2021-3-340] [REFERRED TO]
JINDAL THERMAL POWER COMPANY LIMITED VS. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED [LAWS(KAR)-2004-4-6] [REFERRED TO]
H. KRISHNA REDDY VS. STATE OF KARNATAKA [LAWS(KAR)-2013-1-34] [REFERRED TO]
WELHAM BOYS' SCHOOL SOCIETY VS. CENTRAL BOARD OF DIRECT TAXES [LAWS(UTN)-2005-10-16] [REFERRED TO]
STATE OF GUJARAT VS. GUJARAT REVENUE TRIBUNAL BAR ASSOCIATION [LAWS(SC)-2012-10-43] [REFERRED TO]
KALINGA MINING CORPORATION VS. UNION OF INDIA (UOI) AND 9 ORS. [LAWS(ORI)-2008-11-67] [REFERRED TO]
PUBLIC INTEREST FOUNDATION & ORS VS. UNION OF INDIA & ANR [LAWS(SC)-2018-9-73] [REFERRED TO]
INSTITUTION OF TECHNOLOGY AND MANAGEMENT RUN BY SAMTA LOK SANSTHAN TRUST VS. GOVT OF M P [LAWS(MPH)-2010-5-5] [REFERRED TO]
GURUSANKAR VS. SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE [LAWS(MAD)-2011-8-14] [REFERRED TO]
JALARAM GROUP HOUSING SOCIETY VS. STATE OF GUJARAT [LAWS(GJH)-2003-8-57] [REFERRED]
SUDIN S. VS. UNION OF INDIA AND ORS. [LAWS(KER)-2014-10-339] [REFERRED TO]
SURINDER SINGH VS. BANK OF BARODA [LAWS(MPH)-2018-6-198] [REFERRED TO]
ALOK SRIVASTAVA (EN NO 8299) AND ANOTHER; T P SINGH VS. REGISTRAR/A R , FIRMS SOCIETIES & CHITS, ALLAHABAD & 3 ORS [LAWS(ALL)-2017-11-105] [REFERRED TO]
AMIT KUMAR JADAUN (AMIT) VS. STATE OF U.P. [LAWS(ALL)-2018-9-179] [REFERRED TO]
ARUNACHALAM MUTHU VS. NAFAN BV, HAVING ITS REGISTERED OFFICE AT LOCATELLIKADE [LAWS(BOM)-2012-11-71] [REFERRED TO]
SADASHIVRAO MANDLIK KAGAL TALUKA SAHAKARI SAKHAR KARKHANA LTD VS. REGIONAL JT DIRECTOR SUGAR [LAWS(BOM)-2011-6-98] [REFERRED TO]
NEMI CHAND JAIN VS. ENFORCEMENT DIRECTORATE [LAWS(DLH)-2008-11-187] [REFERRED TO]
INDIA CARBON LTD VS. COMMISSIONER OF INCOME TAX [LAWS(GAU)-2007-5-19] [REFERRED TO]
GIRISH SUDHAKARRAO BHELONDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-11-125] [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]
INDIA TOURISM DEVELOPMENT CORPORATION LTD VS. DELHI ADMINISTRATION [LAWS(DLH)-2013-12-163] [REFERRED TO]
INTERNATIONAL AMUSEMENT LTD VS. ENTERTAINMENT TAX OFFICER [LAWS(DLH)-2013-1-338] [REFERRED TO]
SUNITA BHARDWAJ VS. SHIELA DIXIT [LAWS(DLH)-2013-10-63] [REFERRED TO]
P. J. JOSEPH VS. ELECTION COMMISSION OF INDIA [LAWS(KER)-2021-2-48] [REFERRED TO]
JUSTICE CHANDRASHEKARAIAH VS. JANEKERE C. KRISHNA [LAWS(SC)-2013-1-26] [REFERRED TO]
ANOOP BARANWAL VS. UNION OF INDIA [LAWS(SC)-2023-3-130] [REFERRED TO]
ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA AND ANR. [LAWS(SC)-2017-12-97] [REFERRED TO]
SHIVCHANDRA RAM VS. STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE [LAWS(PAT)-2013-3-28] [REFERRED TO]
ALL INDIA CHESS FEDERATION VS. UNION OF INDIA [LAWS(KER)-2016-12-206] [REFERRED TO]
TESSY VARGHESE AND ORS. VS. THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT AND ORS. [LAWS(KER)-2015-8-40] [REFERRED TO]
AJAY KUMAR DOHAR VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(MPH)-2017-11-280] [REFERRED TO]
THE STATE OF MADHYA PRADESH AND ANOTHER VS. BABU SINGH [LAWS(MPH)-2017-12-16] [REFERRED TO]
PLANTERS FORUM VS. STATE OF KERALA [LAWS(KER)-2014-11-264] [REFERRED TO]
HARIOM VS. STATE OF U.P.; [LAWS(ALL)-2013-3-150] [REFERRED TO]
SARITA SARANGI VS. UNION OF INDIA [LAWS(DLH)-2007-5-161] [REFERRED TO]
VIVEK KUMAR MISHRA VS. U O I CABINET SECY MINISTRY OF PARLIAMENTARY AFFAIRS [LAWS(ALL)-2019-4-144] [REFERRED TO]
MEGHALAYA STEELS LTD VS. COMMISSIONER OF INCOME TAX [LAWS(GAU)-2013-4-19] [REFERRED TO]
SATISH CHAND SHARMA VS. STATE OF U P [LAWS(ALL)-2004-1-143] [REFERRED TO]
SHALUKA W/O MILIND GAIKWAD VS. UNION OF INDIA [LAWS(BOM)-2018-4-27] [REFERRED TO]
GOOGLE INC VS. COMPETITION COMMISSION OF INDIA [LAWS(DLH)-2015-4-189] [REFERRED TO]
G BALAGOPALAN VS. STATE OF KERALA [LAWS(KER)-2021-2-89] [REFERRED TO]
PORBANDAR MUNICIPALITY VS. STATE OF GUJARAT [LAWS(GJH)-2012-12-178] [REFERRED TO]
INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION(GWALIOR) M.P. LTD. VS. COMMISSIONER OF INCOME TAX [LAWS(SC)-2018-2-41] [REFERRED TO]
SRM UNIVERSITY VS. SECRETARY, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH JAFAR MARG [LAWS(MAD)-2011-8-515] [REFERRED]
COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX VS. GAURAV PHARMA LIMITED [LAWS(P&H)-2018-8-174] [REFERRED TO]
MUTHOOT PAPPACHAN CONSULTANCY VS. LABOUR COMMISSIONER [LAWS(KER)-2007-12-38] [REFERRED TO]


JUDGEMENT

V. N. Khare, J. - (1.)The foremost question that arises in this group of appeals is whether the Election Commission of India under S. 29-A of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act') has power to de-register or cancel the registration of a political party on the ground that it has called for hartal by force, intimidation or coercion and thereby violated the provisions of the Constitution of India.
(2.)The aforesaid question has arisen out of the directions issued by the High Court of Kerala on the writ petitions filed for enforcement of decision in the case of Communist Party of India (Marxist) vs. Bharat Kumar and others AIR (1998) SC 184 wherein it was held that "there is a distinction between 'bundh' and 'hartal'. A call for a bundh involves coercion of others into towing the lines of those who called for the bundh and that the act was unconstitutional, since it violated the rights and liberty of other citizens guaranteed under the Constitution".
(3.)In the writ petitions filed before the High Court it was alleged that despite the law having been declared by the Supreme Court that calling of a bundh is unconstitutional, the political parties in the State of Kerala continued to call bundth under the name and cover of hartal. It was prayed that direction be issued to the government of Kerala for taking appropriate measures to give effect to the declaration of law by the Supreme Court in the case of Communist Party of India (supra). The High Court from time to time issued orders and in compliance thereof, the Chief Secretary as well as Director General of Police issued necessary orders, but such directions proved ineffective and the political parties continued to give call for bundh in the name of hartal. It was also alleged that some of the writ petitioners submitted representations to the Election Commission of India for taking necessary proceedings against the registered political parties for de-registration as they had contravened the provisions of the Constitution, but no action has been taken by the Election Commission in that regard. In one of the writ petitions one of the reliefs sought for with which we are concerned in this group of appeals, was to issue a direction to the Election Commission of India to take action against the registered political parties for violation of their undertaking that they will abide by the Constitution. In nutshell, the case of the writ petitioners before the High Court was that by holding a hartal and enforcing it by force, threat and coercion, there is the performance of an unconstitutional act and one of the clear and definite ways of preventing such unconstitutional activity on the part of political parties registered under the Representation of the People Act is to take steps for their de-registration on the ground of violation of the Constitution of India.


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