PRAKASH TATIA, APARESH KUMAR SINGH
Jay Shankar Pathak – Appellant
Versus
Election Commission of India – Respondent
Prakash Tatia, C.J.- These two writ petitions have been preferred to challenge the action of the Election Commission of India-respondent no.1, whereby the Election Commission has issued a notification dated 30th March, 2012, whereby counting the votes of the Biennial election to the Council of States from the State of Jharkhand scheduled to be taken at 5.00 p.m. on 30th March, 2012 has been stayed until a specific written clearance is given by the Election Commission of India to the Returning Officer –cum-Secretary In-charge for Biennial election to the Council of States from Jharkhand and to the Chief Electoral Officer, Jharkhand, Ranchi. The Election Commission of India further directed that result of counting of votes shall also not be declared without the specific clearance of the Election Commission. By this notification dated 30th March, 2012, the above authorities were directed to send the detail and comprehensive report about the conduct of poll with special reference to any untoward incident, so as to reach the Commission immediately after poll. The above authorities were also directed by the Commission that clearance for the counting and declaration of result wi
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