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2023 Supreme(Online)(CAL) 10439

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, Mr. Shamim Ahammed, Mr. Siddhartha Sankar Mondal, Mr. Rajit Lal Maitra, Mr. Arka Maity, Ms. Arunima Das Sharma, Ms. Saloni Bhattacharjee, Ms. Gulsanwara Pervin, Mr. Arnab Sinha, Ms. Sayanti Sengupta, Mr. Jamir Khan, Mr. Arka Ranjan Bhattacharya
For the Respondents: Mr. Jishnu Saha, Ms. Sonal Sinha, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee, Mr. S.N. Mookherjee, Mr. Kalyan Bandopadhyay, Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag

Table of Content
1. reliefs sought for fair conduct of elections. (Para 1 , 2 , 3)
2. lack of substantiated evidence makes claims vague and unmaintainable. (Para 4 , 5 , 6)
3. judicial interferences are prohibited during active election proceedings. (Para 10 , 12 , 13)

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 abnormally short span of time i.e. 76000 nominations in two days including filing of nominations by persons who are not in India; to declare that the present State Election Commissioner is incapable of conducting election independently and to remove him from

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