New Delhi, Feb 23 (UNI) The Supreme Court today stayed till further orders the election to Beas Assembly Constituency in Punjab which the Punjab and Haryana High Court had directed to be held on February 26.
A Bench, comprising Chief Justice K G Balakrishnan and Justice R V Raveendran while staying the Punjab and Haryana High Court judgment also issued notices to the respondent including the Union of India and state of Punjab and the two candidates of Congress and Akali Dal and others.
The Election Commission had fixed March 11, 2007 for holding elections to the constituency, which were countermanded following violence, in which one Akali Dal supporter who was allegedly killed by the brother of the Congress candidate, who had fired indiscriminately from an AK-47.
Several others were injured after the AK-47 snatched from a Punjab police personnel, was allegedly used by the brother of the Congress candidate.
Jasbir Singh Dimpa is the Congress candidate from Beas assembly constituency while Sarabjit Singh Sandhu is Shiromani Akali Dal candidate.
Senior counsel Abhishek Manu Singhui defended the High Court order by contending that the counting for all the three states, namely Punjab, Uttarakhand, Manipur, where assembly elections have been held, is to take place on February 27 and the Election Commission does not usually hold elections after the counting has taken place and results have been declared, as it will influence the voters.
Senior counsel K K Venugopal appearing for the Election Commission, however, defended its decision saying that it was the sole decision of the EC to fix the date of polling and High Court could not direct it to hold polling on a particular date and hence the High Court judgment dated February 22, was not sustainable.
The Bench agreed with the contention of the Election Commission and stayed the impugned order of the High Court.
Today's orders were issued by the apex court on the petition of the Election Commission.
UNI
A Bench, comprising Chief Justice K G Balakrishnan and Justice R V Raveendran while staying the Punjab and Haryana High Court judgment also issued notices to the respondent including the Union of India and state of Punjab and the two candidates of Congress and Akali Dal and others.
The Election Commission had fixed March 11, 2007 for holding elections to the constituency, which were countermanded following violence, in which one Akali Dal supporter who was allegedly killed by the brother of the Congress candidate, who had fired indiscriminately from an AK-47.
Several others were injured after the AK-47 snatched from a Punjab police personnel, was allegedly used by the brother of the Congress candidate.
Jasbir Singh Dimpa is the Congress candidate from Beas assembly constituency while Sarabjit Singh Sandhu is Shiromani Akali Dal candidate.
Senior counsel Abhishek Manu Singhui defended the High Court order by contending that the counting for all the three states, namely Punjab, Uttarakhand, Manipur, where assembly elections have been held, is to take place on February 27 and the Election Commission does not usually hold elections after the counting has taken place and results have been declared, as it will influence the voters.
Senior counsel K K Venugopal appearing for the Election Commission, however, defended its decision saying that it was the sole decision of the EC to fix the date of polling and High Court could not direct it to hold polling on a particular date and hence the High Court judgment dated February 22, was not sustainable.
The Bench agreed with the contention of the Election Commission and stayed the impugned order of the High Court.
Today's orders were issued by the apex court on the petition of the Election Commission.
UNI
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