SUBRATA TALUKDAR
Bharatiya Janata Party – Appellant
Versus
State Election Commission – Respondent
1. The writ petition, A.S.T. No. 9 of 2018, has appeared today along with the connected vacating application, CAN 2188 of 2018.
2. Parties are represented in person in the order of their name/names as printed above in the cause title.
3. For the sake of avoiding prolixity, this Court commences the present discussion from its previous order dated 10th April, 2018. While the contents of the order are self-explanatory by now, the operative part, to the mind of this Court, crucially connects to the cancellation of the Notification extending the time for filing nominations by the Commission vide its order of 10th April, 2018.
4. This Court, upon a discussion of the legal provision on the issue, viz. Section 46(2) of the West Bengal Panchayat Act, 2003 (the 2003 Act), inter alia, permitted the Commission to take steps in accordance with law by treating the operation of the order dated 10th April, 2018 to have been kept in abeyance.
5. Before further addressing the operative part of the order dated 10th April, 2018 it would be necessary to notice the following facts:-
6. First, that by order dated 11th April, 2018 in M.A. 1030 of 2018 connected to Writ Petition (Civil) No. 302 of 201
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