this Court, a nullity by compromising the basis
therefor.
9. Still further, it is an elementary and well understood
position in law that the question
The State Of West Bengal vs Confederation Of State Government ... on 5 February, 2026
Author
were
recovered from a house where other persons were also residing
which compromises the sanctity of such recovery and takes away
from the veracity thereof ... Privy Council in Pulukuri Kotayya v. King Emperor38 and the
position was reiterated by this Court in Mohd. Inayatullah v.
State of Maharashtra39
case
and pleaded false implication.
5. It is a well settled position in law that this Court under
Article 136 of the Constitution of India ... instead only examine whether the
path adopted by the Courts below is compromised by any
manifest error. Should that be established, only then individual
reappreciation
election officer.
(b) The petitioner (respondent herein) has, in support of
his position of the actions of the Election Officer being
correct and well-founded ... respondent or those who submitted affidavits in
support of their position and neither did the Magistrate
consider the content of the affidavit produced by those
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