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 will be given by the Commission after scrutiny of their reports in the proforma (Annexure-B) regarding difficulty in completion of counting and disposal of all objections in writing. The petitioners also challenged the Annexure-3 of the same date, i.e., th March, 2012, the proceedings of the Election Commission by which the Election Commissioner under Article 324 of the Constitution of India read with Section 21 of General Clauses Act, 1897 and other enabling power recommended to the President of India to rescind the notification no. 318/ 1/2012 (1) dated 12th March, 2012 calling upon the elected members of Jharkhand Legislative Assembly to elect two members of the Council of States.

2. W.P. (PIL) No. 1801 of 2012 has been preferred by Jay Shankar Pathak as Public Interest Litigation and gave his background that he has faith in democratic set up of the country, including the system of political party and he is a primary member of Indian National Congress, which is one of the oldest political party of the country. He is a permanent resident of State of Jharkhand and is involved in social activities, which he has performed in the capacity of either member of a political party or in individual capacity. The petitioner stated that this petition is public interest litigation, challenging the decision of the respondent-Election Commission of India, whereby the respondent-Election Commission on allegation of use of money power and horse trading coming into play of the election of the two members of the Council of States (Rajya Sabha) from the State of Jharkhand has cancelled the entire election process itself. The petitioner in writ petition itself has admitted before schedule date of election i.e., 30th March, 2012, certain letters were written by the Members of Parliament to the Commission brining to the notice of the commission the involvement of money power/horse trading coming into play in the aforesaid election and the Election Commission after taking note of the aforesaid letter has issued direction to the Chief Secretary of the State of Jharkhand and other concerned officer to keep strict vigilant watch over the situation. According to the writ petitioner, in view of the aforesaid direction, strict and vigilant watch was observed by the concerned officers of the State of Jharkhand. In the said process of strict and vigilant watch, it came to the notice of the Election Commission of India that certain money/cash are scheduled to be transferred/transported from Jamshedpur to Ranchi in connection with election of one R.K. Agarwal, who was contesting election as Independent candidate. In the writ petition, it is stated that pursuant to the aforesaid information, search and seizure operation was carried out in a car running from Jamshedpur to Ranchi and ca