1993 JTR(SC) 1171
1994 1 Scale 7 ; 1995 Supp2 SCR 106 ; 1995 3 UPLBEC 1805
SUPREME COURT OF INDIA
P. B. SAWANT, N. P. SINGH, JJ.
T.N. SESHAN, CHIEF ELECTION COMMISSIONER - Appellant
Versus
UNION OF INDIA (UOI) AND OTHERS - Respondent
IA Nos. 1 and 3 of 1993 in WP (C) No. 085 of 1993
Decided on : 15-12-1993
The central legal point established in the judgment is the interpretation of Article 324.
Act Referred :CONSTITUTION OF INDIA : Art.324
Article 324 - Interpretation of Article 324 - The court decided to refer the matter to the Constitution Bench for interpretation of Article 324.
Fact of the Case:
The court disposed of IA No. 2, allowed State Governments to be heard through their counsel, and continued the interim order. The court decided to refer the matter to the Constitution Bench for interpretation of Article 324.
Finding of the Court:
The court found that the questions involved in the petition related to the interpretation of Article 324 and decided to refer the matter to the Constitution Bench.
Issues: Interpretation of Article 324
Ratio Decidendi: The court felt that the questions involved in the petition related to the interpretation of Article 324 and should be placed before the Constitution Bench.
Final Decision: The matter was referred to the Constitution Bench for interpretation of Article 324.
Article 324 - Interpretation of Article 324 - The court decided to refer the matter to the Constitution Bench for interpretation of Article 324.
Fact of the Case:
The court disposed of IA No. 2, allowed State Governments to be heard through their counsel, and continued the interim order. The court decided to refer the matter to the Constitution Bench for interpretation of Article 324.
Finding of the Court:
The court found that the questions involved in the petition related to the interpretation of Article 324 and decided to refer the matter to the Constitution Bench.
Issues: Interpretation of Article 324
Ratio Decidendi: The court felt that the questions involved in the petition related to the interpretation of Article 324 and should be placed before the Constitution Bench.
Final Decision: The matter was referred to the Constitution Bench for interpretation of Article 324.
JUDGMENT :
1. There will be no order on IA No. 2 for the present.
2. All the State Governments, who want to be heard in this petition will be heard through their counsel. I.A. No. 3 is disposed of accordingly.
3. Interim order to continue till further orders.
4. Since questions involved in this petition relate to the interpretation of Article 324 in particular, we feel that the matter should be placed before the Constitution Bench.
5. Papers may be placed before the Learned Chief Justice to constitute the Bench and to fix an early date of hearing in this matter.