person in the service of the Central Government (including a person serving
in connection with the administration of a Union territory) or of a State
Government shall be conclusive proof—
(i)
of such appointment, resignation, termination of service, dismissal
or removal from service, dismissal or removal from service, as the
case may be, and
(ii) where the date of taking effect of such appointment, resignation,
termination of service, as the case may be, is stated in such
publication, also of the fact that such person was appointed with
effect from the said date, or in the case of resignation, termination of
service, dismissal or removal from service, such person ceased to be
in such service with effect from the said date.'
9. In the Indian Penal Code, in Section 171-A, for clause (a), the following
clause shall be substituted, namely:—
'(a) 'candidate' means a person who has been nominated as a candidate
at any election,'
10. The amendments made by Sections 6, 7 and 8 of this Act in the
principal Act shall also have retrospective operation so as to apply to and in
relation to any election held before the commencement of this Act to either
House of Parliament or to either House or the House of the Legislature of a
State—
(i)
in respect of which any election petition may be presented after the
commencement of this Act; or
(ii) in respect of which any election petition is pending in any High
Court immediately before such commencement; or
(iii) in respect of which any election petition has been decided by any
High Court before such commencement but no appeal has been
preferred to the Supreme Court against the decision of the High
Court before such commencement and the period of limitation for
filing such appeal has not expired before such commencement; or
(iv) in respect of which appeal from any order of any High Court made in
any election petition under Section 98 or Secton 99 of the principal
Act is pending before the Supreme Court immediately before such
commencement."
169. It is submitted by Mr. Shanti Bhushan on behalf of the respondent
that the amendments made in the RP Act have an impact upon five out of the
seven grounds which were set up by the respondent to as sail the election of
the appellant.
170. On August 10, 1975 the Constitution (Thirty-ninth Amendment) Act,
1975 was published. A number of constitutional changes were made by the
Constitution Amendment Act. We are, however, concerned with section 4 of
the Constitutional Amendment Act., which inserted Article 329-A in the
Constition after Article 329. Article 329-A read as under:
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