P.A.Joseph v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.3.2017
CORAM
THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.6933 of 2017 and W.M.P.No.7522 of 2017 P.A.Joseph
...Petitioner
Versus
1 The Union of India rep. by its Secretary Department of Law and Justice 26 Mansingh Road Jaisalmer House New Delhi - 110 011.
2 The Election Commission of India Rep. by Chief Election Commissioner Asoka Road New Delhi -110 001.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India 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.
For petitioner : Mr.K.M.Vijayan for Mr.E.Vijay Anand
ORDER
(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner for some time.
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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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.
To:
1 The Secretary, Union of India Department of Law and Justice 26 Mansingh Road Jaisalmer House New Delhi - 110 011.
2 The Chief Election Commissioner The Election Commission of India Asoka Road New Delhi -110 001.
+1cc to Mr.Vijay anand, Advocate, S.R.No.17771 +1cc to Mr.Srinivasan, Advocate, S.R.No.17848 W.P.No.6933 of 2017 SCD(CO) RS(13/04/2017) https://hcservices.ecourts.gov.in/hcservices/