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T. S. SIVAGNANAM, UDAY KUMAR
Suvendu Adhikari – Appellant
Versus
Rajiva Sinha, State Election Commissioner – Respondent
JUDGMENT :
T.S. Sivagnanam, J.
1. The alleged contemnor in CPAN No. 831 of 2023 is Mr. Rajiva Sinha, the State Election Commissioner of West Bengal. In CPAN No. 948 of 2023, the alleged contemnors are Shri Rajiva Sinha, the State Election Commissioner, Shir Hari Krishna Dwidi, Chief Secretary, Government of West Bengal, Shri B.P. Gopalika, Principal Secretary, Department of Home and Hill Affairs, Government of West Bengal and Shri Manoj Malaviya, Director General and Inspector General of Police, West Bengal.
2. CPAN No. 831 of 2023 has been filed alleging willful and deliberate violation of the judgment and order dated 15.06.2023 in WPA (P) No. 301 of 2023. CPAN No. 948 of 2023 has been filed alleging willful and deliberate violation of the judgments and orders dated 21.06.2023, 23.06.2023, 28.06.2023, 03.07.2023 and 06.07.2023 passed in CPAN No. 831 of 2023 as well as the judgment and order dated 15.06.2023 in WPA (P) No. 301 of 2023. The contempt petition was heard on various dates and orders were passed from time to time. The first order was passed on 21.06.2023, the following observations were made:-
Conduct of free and fair elections–Democratic nations burgeon on strength of purity and impartiality in elections and India, being a colossal democracy demands such a process – Free and fair election....
The main legal point established in the judgment is that the State Election Commission has the responsibility to assess the ground situation and take a decision in respect of deployment of paramilita....
Point of law: If there is only one, the Returning Officer shall forthwith validly nominated candidate declare such candidate is duly elected in Form X send the same to the State Election Commission, ....
The court reiterated the principles of non-interference in the election process by the courts, the requirement to exhaust the remedy of filing election petitions for challenging the validity of elect....
The court ruled that comprehensive security and transparency protocols (CCTV surveillance, Observers, and candidate protection) mandated in previous election-related petitions apply uniformly to all ....
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