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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Ritankar Das – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Krishna Rao, J.
1. The petitioner has filed the present writ petition challenging the order dated 20th April, 2026 wherein the Chief Electoral Officer has issued an order by imposing restriction on motorcycle riding /rally on polling day-2 and on polling day for conduct of free, fair, peaceful and violence free Election–2026. The petitioner submits that the respondent no. 3 has issued the said order without any authority. He submits that by issuing the said impugned order infringed the fundamental right of the petitioner.
2. Mr. Bikas Ranjan Bhattacharyya, Learned Senior Advocate, appearing for the petitioner submits that it is settled law that if a statue described a thing to be done in a particular manner, it has to be done in the same manner and other methods are forbidden.
3. Learned Counsel appearing for the petitioner submits that the respondent no. 3 has issued blanket prohibition orders bears no rational nexus with the object sought to be achieved. He submits that after issuance of the impugned order, the petitioner has made representation to the respondent no. 3 and on receipt of the representation of the petitioner, the respondent no. 3 has modified the impugned or
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
Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right.
Democracy postulates that there should be periodical election, so that people may be in a position either to re-elect the old representatives or, if they so choose, to change the representatives and ....
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....
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
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