RAMESHWAR PRASAD V. UNION OF INDIA (2006) 2 SCC 1 A CASE COMMENT
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Abstract
Rameshwar Prasad v. Union of India (2006) 2 SCC 1 is a landmark case which deals with election disputes and the question of legality of post-election re-alignments. Set against the background of the Bihar Legislative Assembly elections, 2005, this case was one of the first of its kind. Presided over by the then Hon’ble Chief Justice of India, Shri. Y.K. Sabharwal, the given case raises several important legal issues and contentions with respect to the election process in India. The judgement that ensued has paved the way for a fairer and more transparent election process to be followed by the country in the future.
The following paper deals with the facts and the legal contentions of the above mentioned case. It aims at analysing the judgement given by the Court by providing an explanation to elucidate the reasoning behind the judgement given by Hon’ble the Chief Justice of India, Shri Y. K. Sabharwal. In addition to analysing the judgement, the paper will also shine light on the author’s perspective regarding the judgement.
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