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Mahendra Kumar Shastri v. Union Of India And Another

Mahendra Kumar Shastri
v.
Union Of India And Another

(Supreme Court Of India)

Writ Petition No. 1675 Of 1979 | 10-01-1983


1. We do not find any merit in the contentions urged by the petitioner in the writ petition. The disability which is imposed under Section 62(5) of the Representation of the People Act is equally applicable to all persons similarly situate mentioned therein and they are even prevented from contesting the election or offering themselves as candidates for such election. The provision is reasonable and in public interest to maintain purity in electing peoples representatives and there is no arbitrariness or discrimination involved. Rule is discharged and the writ petition is dismissed.

Advocates List

For the Appearing Parties Ranjan Dwivedi, M. M. Abdul Khadar, Sr. Advocate, M/s. E. M. S. Anam, R. N. Poddar, Advocates With Him.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE V. D. TULZAPURKAR

HON'BLE MR. JUSTICE V. B. ERADI

Eq Citation

AIR 1983 SC 299

(1984) 2 SCC 442

1983 (1) SCALE 27

LQ/SC/1983/14

HeadNote

Elections — Validity of S. 62(5) of R.P. Act, 1951 — Disqualification of persons convicted of certain offences under S. 62(5) of R.P. Act, 1951 — Whether reasonable and in public interest to maintain purity in electing peoples representatives — Representation of the People Act, 1951 (43 of 1951) — S. 62(5) — Constitution of India, Art. 32 (Para 1)