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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL
Md. Danish Farooqui – Appellant
Versus
Election Commission of India – Respondent
| Table of Content |
|---|
| 1. interim stay on order; lawful actions permitted. (Para 1 , 2 , 12 , 19 , 20 , 21) |
| 2. eci blanket directions violate statutory procedures and article 21. (Para 3 , 4 , 5 , 6 , 7 , 8 , 13) |
| 3. eci directions ensure fair elections without mandating unlawful action. (Para 9 , 10) |
| 4. article 324 powers subject to statutory election offence procedures. (Para 11 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT
DICTATED BY SUJOY PAUL, CJ.:
1. Parties are represented through their respective learned counsels.
2. Heard on admission and interim relief.
3. Mr. Bandyopdhyay, learned senior counsel appearing for the petitioner by drawing our attention to the order of Police Observer in the office of the Chief Electoral Officer (CEO), West Bengal bearing no.5607-Home (Elec.) dated 21.4.2026 (annexure P1) filed with supplementary affidavit submits that in the said memo it is mentioned that “It has been observed from various quarters that persons, whose names are mentioned in the enclosed list (Annexure –A) are actively involved in intimidating voters and creating disturbances in the electoral process in the respective assembly constituencies/ police station areas indicating against their names”. It is
Election Commission's Article 324 powers subject to statutory procedures for election offences; cannot issue blanket directions against 'trouble-makers' for voter intimidation, violating Article 21 d....
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The National Human Rights Commission does not have the jurisdiction to issue pre-emptive directions regarding elections based solely on media reports and conjectures, and cannot interdict the constit....
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
Election - Power of judiciary lies, not in deciding cases, nor in imposing sentences, nor in punishing for contempt, but in the trust, confidence and faith of the common man. We don’t want a common m....
Article 324 of Constitution of India postulates the superintendence, direction and control of election to be vested in an “Election Commission”. Clause (1) of Article 324 specially deals with power o....
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