RAJEN MAWAR AND ORS. Vs. UNION OF INDIA AND ORS.

LAWS(ALL)-1998-3-165

HIGH COURT OF ALLAHABAD

Decided on March 09,1998

Rajen Mawar And Ors. Appellant

VERSUS

Union of India And Ors. Respondents

JUDGEMENT

Markandey Katju, Sohan Lal Saraf, JJ. - (1.) HEARD learned counsel for the parties. The petitioners have made various prayers e.g. that a writ of mandamus be issued to the respondents Union of Indian and the Election Commission of India not to allow and permit the political parties/Groups in the country of India to enter and make any alliance after the declaration of the result of the recent Lok Sabha elections and for a mandamus declaring, that a whips issued by any part as not legally enforcible. It is further prayed that special Session of the Lok Sabha be summoned to decide the question of majority in the House. In our opinion, it is not proper for this Court to enter the political thicket. In such matters the Court should give some room for free play of the political process. In fact most of the matters involved in this petition have been considered and decided by a Full Bench of this Court in H.S. Jain v. Union of India, 1997 (29) ALR 159. In view of this, we dispose of this petition with the observation that the decision in H.S. Jain v. Union of India (Supra) may be considered by the Constitutional authorities.;

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