proceeded the argument-whereby it permits a Judge who is a Constitutional functionary of the same class as the President or the Vice-President, whereby ... withdraw his resignation, it will lead to startling results. The Constitutional functionaries would misuse such implied power of withdrawal of resignation. The President may hold
function only
through human agencies, viz. its officers and functionaries
and that it cannot function by itself as ar. abstract body.
Such being the case
would ordinarily be mandatory
but when a public functionary is required to perform a public
function within a time-frame, the same will be held ... would ordinarily be mandatory but
when a public functionary is required to perform a public
function within a time-frame, the same will be held
assist the Election Commission
in the performance of its functions set out in clause (1).
This, in brief, is the scheme of Article 324 insofar ... which are conducive to efficient
functioning of the Election Commission. This, briefly
stated, indicates the status of the various functionaries
constituting the Election Commission
Promod Chandra Deb And Others vs The State Of Orissa And Others on 16 October
Rajan and others [(2003) 7
SCC 546] holding :
"...Statutory functions are assigned to
the State by the Legislature and not by
the Court ... Courts, as
indicated hereinbefore, ordinarily is
reluctant to assume the functions of the
statutory functionaries. It allows them
to perform their duties at the first
cancel the bid.
The Executive Committee is a statutory functionary. The powers and
functions of the authority and the respective committees concededly are
governed
Government of India. The functions
performed by it are public functions. The notification never contemplated
that a public functionary, having regard to the importance ... prescribed. It is trite that when a public functionary is required to discharge
its public functions within a time specified therefor, the same would
administrative, that whenever a decision making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
would ordinarily be
mandatory but when a public functionary is required to perform a
public function within a time-frame, the same will be held
