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EC challenges Patna HC order

May 05, 2004 13:04 IST

The Election Commission on Wednesday filed an appeal in the Supreme Court challenging a Patna high court order directing it to consider countermanding elections in constituencies contested by candidates whose right to vote has been suspended as they are in jails.

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Counsel for the commission, S Muralidhar, made the appeal before a three-judge bench headed by Chief Justice S
Rajendra Babu. The bench said it will look into the matter and list it for hearing "as soon as possible."

Muralidhar had said the EC's "main objection to the April 30 high court order is under Article 329 of the Constitution, which bars any court from interfering with the elections once the process is underway."

A division bench comprising Chief Justice Ravi S Dhawan and Justice Shashank Kumar Singh of the Patna HC passed the order on two PILs.

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