ORDER :

1. As per the liberty given vide order dated 19.01.2022 by this Court, the Commission nominated by the State of Maharashtra has submitted interim report dated Nil (We are informed by the learned counsel for the State that it is submitted to the State of Maharashtra on 05.02.2022).

2. This report has been assailed in the writ petition as being perfunctory and non-compliant with the directions issued by this Court, including the governing decisions of the Constitution Bench of this Court in the case of K. Krishna Murthy and Others vs. Union of India and Another, 2010 (7) SCC 202 and of three Judge Bench in the case of Vikas Kishanrao Gawali vs. State of Maharashtra and Others, 2021 (6) SCC 73. Prima-facie, we find force in this challenge. For, the report itself mentions that the same is being prepared in absence of empirical study and research by the Commission. Having failed to do so, the Commission ought not to have ventured to prepare the interim report as it being the quintessence of the principle expounded by this Court in the abovementioned decisions.

3. As a result, it is not possible to permit any authority, muchless the State Election Commission, to act upon the recomme