2 (3 )ALD90 (SC ), 2002 (3 )ALLMR(SC)228 , 2002 (3 )ALT19 (SC ), 2002 (2 )BLJR1317 , 97 (2002 )DLT657 (SC ), 2002 INSC 253 , JT2002 (4 )SC 501 , (2002 )3 MLJ55 (SC ), 2002 (2 )RCR(Civil)640 , RLW2002 (4 )SC 487 , 2002 (4 )SCALE297 , (2002 )5 SCC294 , [2002 ]3 SCR696 , ,MANU/SC/0394/2002M.B. Shah#B.P. Singh#H.K. Sema#3370SC4870Judgment/OrderAIR#ALD#AllMR#ALT#BLJR#DLT#INSC#JT#MANU#MLJ#RCR (Civil)#RLW#SCALE#SCC#SCRM.B. Shah,SUPREME COURT OF INDIAAccounts#Allotment#Amendment#Candidature#Citizen#Conduct of Election#Constituencies#Constituency#Corruption#Criminal Offence#Direction#Disqualification#Election Expense#Evidence#General Election#Marking#Money Power#Nomination#Nomination Paper#Parliament#Political Party#Population#Re-Election#Returning Officer#Seat#Speech#State Legislature#Symbol#Union Territories#Vote#Voter2012-9-24Election, Transparency in,Superintendence, direction and control of elections to be vested in an Election Commission,Elections,Later Social, Political and Economic Developments and Scientific Inventions,External Aids to Construction,Right to information and medical profession,Legal and Ethical aspect of medical practice,Democratic and Republican Form of Government,Preamble,Justice, Social, Economic and Political,Preamble,Protection of Certain rights Regarding Freedom of Speech, etc.,Right to Freedom,Fundamental Rights,Protection of life and personal liberty,Right to Freedom,Fundamental Rights,Power of High Courts to issue certain writs,The High Court in the States,The States,Election, Transparency in,Superintendence, direction and control of elections to be vested in an Election Commission,Elections,Constitution of India,Medical Jurisprudence,Interpretation of Statutes17163,16939,17066,82467,82493,82497,17004,17022,17106,17125,82463,82473,82494,82495,56682,17067,17069,17323,17325,18882,40478,56744,15732,16916 -->

MANU/SC/0394/2002

True Court CopyTM EnglishBLJR

IN THE SUPREME COURT OF INDIA

Appeal (civil) 7178 of 2001, Writ Petition (Civil) 294 of 2001

Decided On: 02.05.2002

Appellants: Union of India (UOI) and Ors. Vs. Respondent: Association for Democratic Reforms and Ors.

Hon'ble Judges/Coram:
M.B. Shah, B.P. Singh and H.K. Sema

JUDGMENT

M.B. Shah, J.

1. Short but important question involved in these matters is--in a nation wedded to republican and democratic form of government where election as a Member of Parliament or as a Member of Legislative Assembly is of utmost importance for governance of the country, whether, before casting votes, voters have a right to know relevant particulars of their candidates? Further connected question is--whether the High Court had jurisdiction to issue directions, as stated below, in a writ petition filed under Article 226 of the Constitution of India?

2. Before dealing with the aforesaid questions, we would refer to the brief facts as alleged by the Petitioner-Association for Democratic Reforms in Writ Petition No. 7257 of 1999 filed before the High Courtof Delhi for direction to implement the recommendations made by the Law Commission in its 170th Report