election process
along with appointment of Election Officer. As per the election
schedule appended with the order, election process was to be
completed ... order dated even, the Election
Authority appointed another election officer and notified fresh
election schedule. The decision of the Election Authority dated
27.8.2021 as also
after completion of the election.
15. This Court, in Ponnuswami v. Returning
Officer (supra) has held that once the election
process starts, it would ... proper for the
courts to interfere with the election process.
Similar view was taken by this Court in Shri
(Downloaded on 25/12/2022
tomorrow i.e. on 17.11.2022
and hence prayed to stay the election process.
Counsel for the respondents opposed the stay application
and submitted that ... would not be proper for the
courts to interfere with the election process.
Similar view was taken by this Court in Shri
Sant Sadguru Janardan
Election Authority.
Counsel for the petitioner has prayed for staying the process
of election.
Heard counsel for the petitioner and perused the record ... election."
This writ petition filed by the petitioner deserves to be
dismissed on the ground that the election process has already
been initiated
been filed, inter-alia, assailing the
legality and validity of the election process initiated vide notice
dated 08.09.2022 as also the eligibility of the respondent ... principle of acquiescence from assailing his appointment. He
submits that the election process has started on 08.09.2022; but,
the appointment of the Electoral Officer
respondents has opposed the stay application
and submitted that the process of election has already been
started by the notification issued by the State Election ... opinion, the High Court was not
right in interfering with the process of
election especially when the process of
election had started upon publication
opinion, the High Court was not
right in interfering with the process of
election especially when the process of
election had started upon publication ... High
Court should not have interfered with the
election after the process of election had
commenced. The judgments referred to
hereinabove clearly show the settled
come to the notice of some
other person after the election process is
over. A situation, thus, may arise where two
different proceedings
election can be challenged if there was improper reception
of any vote. The respondent no.1 filed the election petition
assailing the election ... election petition.
In the aforesaid circumstances, in the considered opinion of
this Court, the learned Election Tribunal exceeded in its jurisdiction
in allowing the election
whereas,
present case pertains to the students' union election. They
submitted that the election process has already started vide
notification dated 17.08.2022 and this ... Court cannot interfere in
the ongoing election process after its issuance. Learned Senior
Counsel for the respondent-University submits that a Division
Bench of this