being done now
under the State Act through statutory functionaries. Thus
none of these functions could be construed to be sovereign
in nature or inalienable ... fact, all governmental functions cannot be
construed either primary or inalienable sovereign function.
Hence even if some of the functionaries under the State Act
could
which the Board and the State
Government has to function. Admittedly both are statutory
functionaries under the Central Act. They have to perform
their obligations ... opening words of Section 78 A is,
in the discharge of its functions, the Board shall be
guided by such directions. So, the direction
make the
appointment. It however expects that these functionaries
would act promptly. While sub-sections (4) and (5) deal
with removal of obstacles arising ... being the position, it is reasonable to hold that while
discharging the functions under sub-section(6), the Chief
Justice or his nominee will
which one of us (Thomas, J.) was a
party observed: "Judicial function cannot and should not be
permitted to be stonewalled by browbeating ... member thereof. High Courts are duty bound to insulate
judicial functionaries within their territory from being
demoralised due to such onslaughts by giving full protection
make the
appointment. It however expects that these functionaries
would act promptly. While sub-sections (4) and (5) deal
with removal of obstacles arising ... being the position, it is reasonable to hold that while
discharging the functions under sub-section(6), the Chief
Justice or his nominee will
Election Commission Of India Through ... vs Ashok Kumar & Ors on 30 August, 2000
Equivalent
The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors on 28 January
The Consumer Action Group & Anr vs State Of Tamil Nadu & Ors.!The Consumer
Tamil Nadu Electricity Board vs Sumathi And Others on 27 April, 2000
Equivalent citations: AIR
T. Sudhakar Prasad vs Govt. Of A.P. & Ors on 13 December, 2000
Author
