JUDGMENT

Bharati Dangre, J. - Elections are the central institution of democratic representative governance, since in the democratic setup, the authority of the Government derives solely from the concept of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections. Democratically elected nations burgeon on absolutely free and impartial elections and India being a colossal democracy demands such a process.

2. The Constitution Bench of the Apex Court in the celebrated case of 'Mohinder Singh Gill' has expressed a word of caution while entertaining any dispute involving and revolving around 'Election'. "Election disputes are not just private civil disputes between two parties. Though there is an individual or a few individuals arrayed as parties before the Court but the stakes of the constituencies as a whole are on trial. Whichever way the lis terminates it affects the fate of the constituency and the citizens in general. A conscientious approach with over riding consideration for welfare of the constituency and strengthening the democracy is called for. Neither turning a blind eye to the controversies which