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1 - 7 of 7 (0.29 seconds)Section 79 in The West Bengal Panchayat Elections Act, 2003 [Entire Act]
Samita Roy & Anr vs The State Of West Bengal & Anr on 2 May, 2023
It is true that in usual course of events the Election Commission and
its functionaries becomes functus officio after the declaration of results and
after issuance of the election certificate but the facts of the instant case are
completely different from the facts of the case in the matter of Sabita Roy
(supra), Sanjay Kumar (supra) and Basanti Devi (supra). In none of the
above matters there was direction upon the counting officer not to proceed
with the counting. The direction to stop counting is a clear indication that
counting any further would be futile as there would be no finality to the
result of counting and the figure arrived at is bound to be erroneous.
Union Territory Of Ladakh & Ors vs Jammu & Kashmir National Conference And ... on 14 August, 2023
The answer to the aforesaid questions lies in the decision lately
delivered by the Hon'ble Supreme Court in the matter of Union Territory of
Ladakh & Ors. vs. Jammu & Kashmir National Conference & Anr.
reported in 2023 SCC Online SC 1140 wherein the Court held that the
powers of the High Court vested under the Constitution cannot be abridged,
excluded or taken away, being part of the basic structure of the
Constitution. Availability of an alternative efficacious remedy is no bar to the
exercise of high prerogative writ jurisdiction. The High Court, being a
Constitutional Court, is not, by any stretch of imagination, precluded from
issuing a direction under Article 226 of the Constitution when such
direction does not violate any statutory provision.
Basanti Devi vs State Of Jharkhand & Ors on 24 July, 2012
It is true that in usual course of events the Election Commission and
its functionaries becomes functus officio after the declaration of results and
after issuance of the election certificate but the facts of the instant case are
completely different from the facts of the case in the matter of Sabita Roy
(supra), Sanjay Kumar (supra) and Basanti Devi (supra). In none of the
above matters there was direction upon the counting officer not to proceed
with the counting. The direction to stop counting is a clear indication that
counting any further would be futile as there would be no finality to the
result of counting and the figure arrived at is bound to be erroneous.
Section 76 in The West Bengal Panchayat Elections Act, 2003 [Entire Act]
Section 134 in The West Bengal Panchayat Elections Act, 2003 [Entire Act]
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