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1953 (5) TMI 29

..... the appellant. K. B. Asthana, S. P. Sinha (R. Patnaik, with him) for respondent. JUDGMENT Sastri M. Patanjali, This is an application under article 32 of the Constitution seeking protection of the petitioners' fundamental right under article 15 (1) against alleged violation thereof by the respondents. The petitioners are three residents of Etah in Uttar Pradesh. They complain that at the by election to the Municipal Board of Etah held on November 2, 1951, December 8, 1951, and March 17, 1952, at which respondents 4, 11 and 12 were respectively elected, the Petitioners were deprived of their rights to exercise their votes and to seek their election as candidates, as those by-elections were held on communal lines on the basis of separate .....

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..... as being repugnant to the Constitution. But the question is whether the petitioners are now entitled to the relief they seek in this application under article 32. It is true, as pointed out in the Cross Roads case([1950] S.C.R 594), that article 32 provides, in some respects, for a more effective remedy through this court than article 226 does through the High Courts. But the scope of the remedy is clearly narrower in that it is restricted solely to enforcement of fundamental rights conferred by Part III of the Constitution. Any right, for instance, which the petitioners may have as rate-payers in the Municipality to insist that the Board should be legally constituted and that respondents 3, 4, 11 and 12, who are not properly elected or nom .....

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..... em in relation to seats other than those reserved for their respective communities as to which they could not exercise their right to vote or their right to stand as candidates. There is no suggestion that the petitioners actually sought to assert those rights by taking appropriate proceedings to have the bar removed and the election conducted in accordance with the Constitution. In fact, the petitioners acquiesced in the elections being conducted under the old system of separate electorates and felt no discrimination having been practised against them until a no-confidence motion was tabled recently against the former Chairman who has since lost his seat as a result of that motion having been carried. Thus, the infringement of their fundam .....

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