Lakshmi Charan Sen vs A. K. M. Hassan Uzaman

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(SC) 191

Lakshmi Charan Sen – Appellant
Versus
A. K. M. Hassan Uzaman – Respondent

Advocates Appeared:
For the Appearing Parties :-M/s. K. K. Venugopal, S. N. Kacker, N. N. Gupta, Soli, J. Sorabjee, Somnath Chatterjee, R. K. Garg, F. S. Nariman, A. K. Sen, S. S. Ray, B. N. Sen, B. P. Banerji, Sr. Advocates and M/s. Pranab Chatterjee, Miss Radha Rangaswamy, N. K. Chakravarthy, B. V. Desai, M. Majumdar, Kapil Sibal, Ashok Ganguly, L. K. Gupta, U. N. Banerjee, Parijat Sinha, P. R. Seetharanman, Ajit Panja, Mrs. Mithu Chakravarthi, Advocates with them. Mr. M. C. Bhandare, Sr. Advocate and Mrs. S. Bhandare, Mr. A. K. Karkhanis, Miss C. K. Sucharita and T. Sridharan, Advocates with him, Mr. P. R. Mridul, Sr. Advocate and Mr. Vineet Kumar, Advocate with him. For the Respondents:-Union of India in all matters, Mr. L. N. Sinha, Att, General, Mr. K. Parasaran, Sol. Genl., Mr. M. K. Banerjee, Addl. Sol. General, K. S. Gurumurthy and Miss A. Subhashini, Advocates with them. For the Interveners:P. H. Parekh and R. N. Karanjawal, Advocates. For Bar Council of India:-Miss Rani Jethamalani. For H. N. Bahuguna, President Democratic Society Party, R. C. Kaushik, Advocate.

Judgement

CHANDRACHUD, CJI. (On behalf of himself and Desai, A. P. Sen and Venkataramaiah, JJ.) (Majority view) :- There are four appeals. and a Transferred Case before us. The appeals arise out of interim orders passed by a learned single Judge of the Calcutta High Court on February 12 and 19, 1982 which were confirmed by him on February 25, 1982. Those orders were passed in a Writ Petition filed under Article 226 of the Constitution asking for the writs of mandamus and certiorari, directing that the instructions issued by the Election Commission should not be implemented by the Chief Electoral Officer and others; that the revision of electoral rolls be undertaken de novo; that claims, objections End appeals in regard to the electoral roll be heard and disposed of in accordance with the rules; and that, no notification be issued under S. 15(2) of the Representation of the People Act, 1951 calling for, election to the West Bengal Legislative Assembly, until the rolls were duly revised.

2. Transferred Case No. 3 of 1982 Is that very writ petition. It was withdrawn for hearing and final disposal to this Court by an order dated March 4, 1982. That writ petition was filed- by eight perso