ORDER :

“Any decision sought and rendered will not amount to ‘calling in question an election’ if it subserves the progress of the election and facilitates the completion of the election.”

The Hon'ble Supreme Court speaking Hon’ble Justice R.C. Lahoti, in the case of ELECTION COMMISSION OF INDIA v. ASHOK KUMAR AND OTHERS reported in (2000)8 SCC 216, has, at paragraphs 16 and 28 of the judgment, observed thus:

“16. This Court observed that the jurisdiction of courts is carved out of sovereign power of the State. People of free India are the sovereign and the exercise of judicial power is articulated in the provisions of the Constitution to be exercised by courts under the Constitution and the laws thereunder. It cannot be confined to the provisions of imperial statutes of a bygone age. Access to court which is an important right vested in every citizen implies the existence of the power of the Court to render justice according to law. Where Statute is silent and judicial intervention is required, Courts strive to redress grievances according to what is perceived to be principles of justice, equity and good conscience.

17 to 27. xxx xxx xxx

28. Election disputes are not just private civil