POCSO Act | Foundational Facts Establishing Offence Must Be Proved To Trigger Statutory Presumption Under Section 29: Calcutta High Court Expectation Of Higher Price In Future Auctions No Ground To Discard Highest Bid Above Reserve Price; Subsequent Sale Hit By Section 52 TP Act: Allahabad High Court AI May Well Serve As Training Wheels But Entrusting It With Pilot's Seat Would Be Both Imprudent And Dangerous: Bombay High Court Appeal Against Acquittal Under Section 138 NI Act Can Be Dismissed For Non-Prosecution If Complainant Fails To Serve Notice On Accused: Andhra Pradesh High Court Rejection Of Section 348 BNSS Witness Recall Plea Is Interlocutory; Inherent Powers Cannot Provide Backdoor Entry Where Section 438(2) Revisional Bar Applies Absent Gross Injustice: Delhi High Court Limitation Period For Appeal Commences From Date Assessee Receives Copy Of ITAT Order, Not Date Of Pronouncement: Bombay High Court Under Section 254(3) Income Tax Act Section 82 CrPC | Failure To Attempt Service At Known Overseas Address Vitiates Proclamation; Setting Aside PO Declaration Does Not Invalidate Arrest Warrants Or Extradition: Delhi High Court Expenditure Incurred By Defaulting Party Cannot Be Equated With Benefit Received Under Section 64 Contract Act: Karnataka High Court Upholds Setting Aside Of Arbitral Award Under Section 34 A&C Act Vendor Executing Agreement To Sell Pendente Lite Precluded From Compromising Appeal Prejudicially; Intending Purchasers Entitled To Impleadment Under Order 1 Rule 10 CPC: Madhya Pradesh High Court Kerala Rent Act | Examination Of Co-Landlord Spouse Sufficient To Prove Bona Fide Need Even If Spouse Intending To Occupy Doesn't Testify: High Court Personal Accident Coverage Under Motor Insurance Policy Does Not Extend To Borrower; Exonerates Insurer From Liability: Madras High Court Limitation To Challenge Void Sale Deed Runs From Discovery Of Fraud, Unilateral Material Alteration Vitiates Title: Orissa High Court Interim Status Quo Order Automatically Lapses Upon Dismissal Of Suit, Pendency Of First Appeal Does Not Entitle Injunction Under Order 39 CPC: Punjab & Haryana High Court District Caste Verification Committee Has No Jurisdiction Under Section 4C Karnataka SC/ST Act To Cancel Caste Certificate On Private Third-Party Complaint Absent Validation Request: Karnataka High Court Joint Title Presumes Equal Share Unless Exclusive Consideration Proved By Documented Evidence: Kerala High Court POCSO Act | Delay In Cross-Examination Of Prosecution Witnesses Does Not Weaken Sterling Testimony Of Victim: Madras High Court Mandatory Affixation Of Welfare Fund Stamp On Vakalatnama Valid Under List III Entries 23 & 26, Not A Toll On Right To Practice: Telangana High Court Upholds Sections 12 & 12A Of Advocates Welfare Fund Act BSF Personnel Certified Medically Incapacitated Entitled To Disability Pension Despite 'Voluntary Retirement' Label Under Rule 48-A CCS Rules: Punjab & Haryana High Court SARFAESI Auction Purchaser Takes Title Free From Subsequent Attachments, Claim Enquiry Confined Only To Property Rights: Kerala High Court Commercial Use, Late-Night Events In Areas Adjacent To Reserved Forest Prohibited To Protect Wildlife Under Forest Conservation Norms: Rajasthan High Court In Composite Negligence, Claimants Free To Recover Entire Compensation From Any Joint Tortfeasor Without Impleading Other Vehicle: Orissa High Court Regular Magistrate Lacks Jurisdiction Under Section 190 CrPC To Take Cognizance Against Sitting Or Former Legislators; Special MP/MLA Court Alone Competent: Karnataka High Court Specific Performance Cannot Be Decreed On Fabricated Sale Agreement Bearing Sequential Stamp Papers From Decade-Old Mortgage; Section 340 CrPC Applicable: Andhra Pradesh High Court Sole Testimony Of Child Victim Stands On Same Footing As Injured Witness, Defective Investigation No Ground To Discard Credible Evidence: Delhi High Court Upholds Conviction U/S 6 POCSO Act, 376 IPC Once Trial Court Accepts Written Statement Without Objection, It Cannot Recall Order To Strike Off Defence Under Order 8 Rule 1: Punjab & Haryana High Court No Court Fee Refund Under Section 69 Or Section 69-A Of Tamil Nadu Court Fees Act If Out-Of-Court Settlement Is Reached After Trial Commences: Madras High Court

Supreme Court Upholds Constitutionality of Section 33(7) of Representation of the People Act 1951.

07 May 2024 2:49 AM

By: Admin


On dated 2Feb 2023, Supreme Court held in a Judgement that A statutory provision can only be challenged on the grounds of lack of legislative competence or violation of a Fundamental Right.

petitioner has challenged the constitutional validity of Section 33(7) of the Representation of the People Act 1951 through a petition under Article 32 of the Constitution. The petitioner is seeking a direction to restrict any person from contesting an election for the "same office" from more than one constituency simultaneously. The court rejected the third prayer seeking a direction to discourage independent candidates from contesting Parliamentary and Assembly elections. The petition is based on the Chief Election Commissioner's request to the Prime Minister to amend the act, as recommended by the Law Commission in its 255th Report.

Supreme Court stated that petitioner raises an issue regarding a legislative provision that requires a bye-election when a candidate contests more than one seat in the same election, leading to a drain on public funds.

Supreme Court held that permitting a candidate to contest from more than one seat is a matter of legislative policy, determined by Parliament. It is not for the Court to strike down the provision unless it is manifestly arbitrary or violates Article 19. Parliament has the authority to intervene and change the legislation if it chooses to do so. Act 21 of 1996 restricts a candidate to contesting two seats in one election. The Court cannot grant relief in this case, as the legislative provision is a matter of legislative policy and is not unconstitutional. Petition Dismissed.

Ashwini Kumar Upadhyay Vs Union of India and Another     

Latest Legal News