Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; 2SCR347
..... pleader was not disqualified from being chosen or for being a member of the state legislative assembly : and, by section 2(2), the act was made retrospective removing the appellant's disqualification retrospectively. it was held that act 5 of 1969 had removed the disqualification retrospectively, that parliament and the state legislatures can legislate retrospectively subject to the provisions of the constitution, that no limitation on ..... amendment, is questioned on the ground of a suggested frightfulness in the facts of the case which parliament and the ratifying state legislatures are to be supposed, if we are to accept the suggestion, to have been acting in concert to prevent this court from examining on merits it was, i think, the duty of counsel making any such suggestion to invite ..... be designated as political and orders made in exercise whereof are not liable to be tested for their validity before the lawfully constituted courts : rai sahib ram jawaya kapur v. state of punjab : 2scr225 ; jayantilal amritlal shodhan v, f.n. rana : 5scr294 ; and halsbury's laws of england 3rd edn. vol. 7, article 409, at p. 192.632. ..... deal with the first of these requisites, article 324 with the second and article 329 with the third requisite (see n.p. ponnuswami v. returning officer, namakkal constituency : 1scr218 .269. article 329(b) envisages the challenge to an election by a petition to be presented to such authority as the parliament may, by law prescribe. a law relating .....Tag this Judgment!