ARIJIT BANERJEE, APURBA SINHA RAY
District Magistrate of Howrah – Appellant
Versus
Kashmira Begum Khan – Respondent
JUDGMENT :
In our order dated June 23, 2023, we had recorded the material facts of the case and the arguments of learned Counsel for the parties. To make the present judgment and order a complete and comprehensive one, we incorporate herein our earlier order:-
The two writ petitioners before the learned Single Judge appeared to be aspiring candidates for the upcoming Panchayet Elections. They approached the learned Single Judge, in the present round of litigation, with the grievance that the Panchayet Returning Officer has tampered with the documents that they filed along with their nominations. In particular, although they had filed the caste certificate, which was one of the necessary documents, at the stage of scrutiny, wrongfully it was held that caste certificate was not filed. Accordingly, their nominations were cancelled.
The learned Judge passed the impugned order observing as follows:
“As it appears that the allegation of tampering has been brought against an officer who is responsible for conducting the election in a free and fair manner, accordingly, the
Shah Babulal Khimji v. Jayaben D. Kania & Anr.
Shyam Sel & Power Limited & Anr. v. Shyam Steel Industries Limited
Midnapore Peoples’ Coop. Bank Ltd. & Ors. v. Chunilal Nanda & Ors.
Minor Irrigation & Rural Engg. Services, U.P. v. Sahngoo Ram Arya
Gudalure M.J. Cherian v. Union of India
Punjab and Haryana Bar Association, Chandigarh through its Secretary v. State of Punjab
Vineet Narain, v. Union of India
Union of India v. Sushil Kumar Modi
Rajender Singh Pathania v. State (NCT of Delhi)
State of Punjab v. Davinder Pal Singh Bhullar etc.
Vinay Tyagi v. Irshad Ali alias Deepak
K.V. Rajendran v. Superintendent of Police, CBCID South Zone, of Police
State of Punjab v. Davinder Pal Singh Bhullar & Ors.
Minor Irrigation and Rural Engineering Services, U.P. & Ors. v. Sahngoo Ram Arya & Anr.
The main legal point established in the judgment is the need for sparing and cautious use of CBI investigations, especially when the matter can be handled at the state level, and the requirement for ....
The main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
The power to transfer a case to the C.B.I. should be exercised rarely in exceptional circumstances, and there must be a lack of confidence in the investigating agency or a national interest at stake.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
Point of Law : Sub-section (1) of Section (3) of Act makes it clear that appropriate Government is under a statutory obligation to appoint a Commission of Inquiry in a case where a resolution on that....
Conduct and bona-fides of the Petitioner are not to be construed as an indictment of the State of Maharashtra in general but they are in context as a party in this litigation and as an adjudication o....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.