The Calcutta Weekly Notes March 23 1953

Summary

Following the Election Commissioner’s reply the Speaker referred the matter to the final decision of the Government and the Governor forwarded the case to the Election Commission for its opinion as required by art. [...] 226 of the Constitution for the issue of a writ of mandamus or prohibition directing the Election Commission to forbear from proceeding with the reference made by the Governor of Madras. [...] At the hearing of the Rule a preliminary ojection was raised that the Madras High Court had no jurisdiction to issue the writ asked for as the Election Commission was not “within the territory in relation to which the High Court exercised jurisdiction.” The learned Judge (Subba Rao J.) overruled the objection and further held that arts. [...] The Eletion Commission had thus no jurisdiction to deal with the respondent’s disqualification which arose long before the election took place On appeal the Supreme Court found in favour of the respondent as to the interprettion of the Madras High Court on arts. [...] 6. Amendment of section 7.—In section 7 of the said Act — (a) in clause (c) of sub-section (1) the following words shall be added at the end namely:— "or the determination of the sum of mney payable as compensation under sub-section (2) of section 5" ; (b) in clause (d) of sub-section (1) after the words "the place of thrasing" the comma and words " the place of stacking" shall be insert

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