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P.A.Joseph vs 2 The Election Commission Of India

Madras High Court|22 March, 2017

JUDGMENT / ORDER

(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner for some time.
2. The writ petition has been filed seeking issuance of a writ of declaration declaring sections 8(1) (c) and 8 (1) (e) respectively of The representation of peoples Act 1951 as illegal and unconstitutional in so far as restricting the disqualification only to an extent of criminal conviction alone de hors the statutory punishments/penalty levied based on a finding imposed by the competent Adjudicating Authority exercising their Quasi - Judicial Power under the Special Acts namely The Customs Act 1962 and The Foreign Exchange Regulation Act 1973 respectively, on the very same offence.
3. The grievance of the writ petitioner can be redressed only in furtherance of a policy decision and not by judicial interpretation. In such circumstances, we dispose of the writ petition, directing the petitioner to approach the authorities, who are policy makers, in this regard for needful action. No costs. The connected miscellaneous petition is closed.
(ACJ.)(T.K.R.,J.) 22.3.2017.
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Title

P.A.Joseph vs 2 The Election Commission Of India

Court

Madras High Court

JudgmentDate
22 March, 2017