All India Trinamool Congress vs Election Commission Of India & Ors on 30 April, 2026
In the case of Kanwaljit Deol & Anr. (supra), the
Hon'ble Division Bench of the Delhi High Court has held
that when a question of law is kept open by the Hon'ble
Supreme Court not entertaining the SLP against the
judgment of the High Court, in fact, what is done is
neither to confer not to dilute the ratio of the judgment
under challenge. That, however, does not mean the High
Court in future case is allowed to take a fresh view
12
ignoring the law of precedence. It only means the
Hon'ble Supreme Court refuses to bind itself of put it seal
on the ratio propounded by the High Court in the
judgment under challenge. Therefore, when an identical
question comes up before the same High Court and is
presented for consideration before a Bench of co-
ordinate strength by virtue of the principle of law of
precedence, the Bench would be bound by the ratio of the
earlier judgment of the High Court unless preceded to
refer to the Larger Bench.