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2023 Supreme(Cal) 548

SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
Alo Rani Sarkar – Appellant
Versus
Swapan Majumdar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Anirban Ray, Mr. Jayanta Sengupta, Mr. Shayak Mitra, Mr. Piyush Agarwal, Mr. Piyush Kr. Ray, Mr. Agnish Basu, Mr. Kush Agarwal.
For the Respondents: Mr. Jagriti Mishra, Mr. Arindam Paul, Mr. Subham Gupta, Mr. Debayan Goswami, Mr. Reshab Kumar, Ms. Ananya Bhattacharya, Mr. Raj Kumar Mitra, Ms. Parna Mukherjee, Mr. Anuran Samanta.

JUDGMENT :

Subrata Talukdar, J.

1. This appeal has been directed against the Judgment and Order dated 20th May, 2022 dismissing Election Petition 2 of 2021 (EP/2/2021) and also deciding the application being GA 4 of 2022 filed in connection with EP 2 of 2021.

2. The only issue to be decided by this Court is whether this intra-court appeal being APOT 95 of 2022 is maintainable in the light of The Representation of People Act, 1951 (for short the 1951 Act) under which the said Election Petition being EP 2 of 2021 came to be filed before the designated Court of this Hon’ble Court.

3. In the event this Court finds this appeal to be maintainable, only then the next question would arise of hearing the parties on the merits of the electoral dispute. In the event this Court decides against the maintainability of this appeal, the parties shall be at liberty to approach the appropriate Court which, in the statutory scheme of the 1951 Act, is the Hon’ble Supreme Court of India.

4. Before adverting to the legal discussion on the maintainability of the appeal a brief reference to the background facts is necessary.

5. The present Appellant, Smt. Alo Rani Sarkar, was the Petitioner in EP 2 of 2021. The

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