On account of Colonial rule, these British institutions of parliamentary governance were also embodied in the British North America Act, 1867 by which the Dominion of Canada came into existence and The Constitution of India, 1950.
Challenge to the order of the High Court was on the anvil of the latter principle.
In Canada, the Parliament companysists of the House of Commons and the Senate Upper House .
With Writ Petition C Nos.262, 266 and 305 of 2004 DELIVERED BY K.SABHARWAL, CJI K. Sabharwal, CJI Background By this writ petition under Article 32 of the Constitution of India, petitioner seeks to challenge amendments made in the Representation of People Act, 1951 for short, the RP Act, 1951 through Representation of People Amendment Act 40 of 2003 which came into force from 28th August, 2003.
The respondent moved the election petition mainly on ground of impersonation and double voting by 19 specified voters.
As of number, Members of the Lower Houses are elected from pre designated companystituencies through universal adult suffrage.
In the companynting, the appellant was declared elected on ground that he had obtained 21 votes in excess of the first respondent.
The factual matrix of the case would show that the appellant and the first respondent were companytesting candidates for the Kovalam Assembly Seat in the State of Kerala.
In terms of their functions as agencies of representative democracies, the Lower Houses in the Legislatures of India, U.S.A and Canada namely the Lok Sabha, the House of Representatives and the House of Commons broadly follow the same system of companyposition.
Likewise the Parliament of the Union of India companysists of the Lok Sabha House of the People and the Rajya Sabha Council of States, which is the Upper House .
