under Article 226 of the Constitution of
India once election process is initiated or started, Mr. Kar has relied on the case of
West Bengal ... subject to qualifications prescribed and limitations imposed thereunder; further
once election processes is started court should not ordinarily interfere therewith
by granting injunction because injunction
Election Commissioner, the
3
Secretary of the Election
Commission and the Assistant
Returning Officer to forthwith take
all steps to start and complete
election ... wherein it was held that
once the election process starts, it would not be proper
6
for the Courts to interfere with the election process
Election Commissioner, the
3
Secretary of the Election
Commission and the Assistant
Returning Officer to forthwith take
all steps to start and complete
election ... wherein it was held that
once the election process starts, it would not be proper
6
for the Courts to interfere with the election process
WBSEDCL.
However, this court cannot buy such reasons, since the
election process started much after the direction of the
District Magistrate.
6. Moreover, the WBSEDCL
back to 2011-2012.
The law is trite that the election being a democratic
process when is challenged before a Writ Court, the Writ
Court ... while passing a restraint order on an election process.
In the instant case, admittedly the incidents had
started happening since 2011-12. The writ petitioners
decision
of the State Election Commission not to recount the ballot papers in respect
of the Panchayat Election in question and directed the Commission ... respectively.
(b) The election took place on its scheduled date. i.e., July 8, 2023. It
was a peaceful election held in free and fair
Election
Commissioner, the Secretary of the Election
Commission and the Assistant Returning Officer
to forthwith take all steps to start and complete
election ... voter list
2
was published and the election was also held on
03.04.2022 till date the election process has not
commenced.
Considering the passage
Election Commissioner, the
Secretary of the Election Commission and the
Assistant Returning Officer to forthwith take all
steps to start and complete election ... final voter list was published and the election was
also held on 03.04.2022 till date the election
process has not commenced.
2
Considering the passage
Baishakhi Bhattacharyya (Chatterjee) ... vs State Of West Bengal & Ors on 22 April, 2024
Author
Baishakhi Bhattacharyya (Chatterjee) ... vs State Of West Bengal & Ors on 22 April, 2024
Author
