UJJWAL TRIVEDI vs THE STATE OF WEST BENGAL - 2023 Supreme(Online)(CAL) 14419

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(CAL) 14419

APPELLATE SIDE
T.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, J
UJJWAL TRIVEDI – Appellant
Versus
THE STATE OF WEST BENGAL – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Shamim Ahammed, Adv., Mr. Siddhartha Sankar Mondal, Adv., Mr. Rajit Lal Maitra, Adv., Mr. Arka Maity, Adv., Ms. Arunima Das Sharma, Adv., Ms. Saloni Bhattacharjee, Adv., Ms. Gulsanwara Pervin, Adv., Mr. Arnab Sinha, Adv., Ms. Sayanti Sengupta, Adv., Mr. Jamir Khan, Adv., Mr. Arka Ranjan Bhattacharya, Adv.
For the State Election Commission: Mr. Jishnu Saha, Adv., Ms. Sonal Sinha, Adv., Mr. Sujit Gupta, Adv., Mr. Sayan Datta, Adv., Mr. Soumen Chatterjee, Adv.
For the State:Mr. S.N. Mookherjee, Ld. Advocate General, Mr. Kalyan Bandopadhyay, Sr. Adv., Mr. Sirsanya Bandopadhyay, Ld. Jr. Standing Counsel, Mr. Arka Kumar Nag, Adv.

Table of Content
1. petitioners referred to the need for free elections and irregularities in nomination processes. (Para 1 , 2)
2. state election commission contended that the petitions raised unsubstantiated allegations and were thus not maintainable. (Para 3 , 4 , 5)
3. court established jurisdictional limits, emphasizing disputes must be raised post-election. (Para 10 , 12 , 14)
4. final ruling confirmed non-maintainability of petitions based on prior judgments and principles of electoral governance. (Para 19 , 20)

JUDGMENT

(Judgment of the Court was delivered by T.S. Sivagnanam, CJ.)

1. Since the reliefs sought for in both the writ petitions are identical, they were heard together and are disposed of by this common judgment and order. The petitioners have filed these writ petitions as public interest litigation praying for issuance of writ of mandamus to declare the West Bengal Panchayat Election, 2023 as void because of non-compliance of basic principles of Constitution and the statute to ensure free and fair elections; for issuance of a direction for an independent agency to investigate into the affairs of filing of nomination of candidates belonging to the ruling party in an abnor

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2023 Supreme(Online)(CAL) 14419

APPELLATE SIDET.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, JUJJWAL TRIVEDI – AppellantVersusTHE STATE OF WEST BENGAL – Respondent

Cases Referred (1)

APPELLATE SIDE
T.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, J
UJJWAL TRIVEDI – Appellant
Versus
THE STATE OF WEST BENGAL – Respondent