Calcutta High Court (Appellete Side)
Anindya Sundar Das vs The Union Of India & Ors on 18 March, 2016
Author: Arijit Banerjee
Bench: Arijit Banerjee
1 18.03.2016
31. as W. P. 8320 (W) of 2015 Anindya Sundar Das Versus The Union of India & Ors.
Mr. Rabi Sankar Chattopadhyay, Mr. Shamik Bagchi, Ms. Tumpa Majumder.
...for the Petitioner.
Mr. Abhratosh Majumder, Mr. Soumitra Mukherjee.
...for the State.
Mr. Nandalal Singhania, Ms. S. Shamsi.
...for the Union of India.
In this so called public interest litigation, the petitioner prays for declaration that Section 62 of the Representation of the People Act, 1951 is ultra vires of Articles 14 and 21 of the Constitution of India. The petitioner also has other prayers which pertain to the Municipal General Election of 2015 and such prayers have become infructuous.
In so far as prayer "a" regarding declaration that Section 62 of the said Act is ultra vires, is concerned, the same has to be challenged before the learned Single Judge by way of an ordinary writ petition and not by way of public interest litigation.
Accordingly, this writ petition is dismissed with liberty to the petitioner to approach the appropriate forum. 2 (Manjula Chellur, Chief Justice) (Arijit Banerjee, J.)