VIJAY BAHADUR Vs. SUNIL KUMAR

JUDGEMENT

(1.) In the famous Gettysburg Address1 delivered on 19/11/1863, President Abraham Lincoln uttered possibly the best description of democracy there ever would be -

(2.) Although there exists copious amounts of literature on a few of the topics touched upon in the preceding paragraph, i.e., democracy, free and fair elections, constitutional governance, fundamental rights, etc., this brief forerunner became important given the context in which this appeal arises.

(3.) Before us are, primarily, two persons, opponents in the electoral process, the appellant, the vanquished and the respondent, the victor. Challenged herein is the judgment and order dtd. 27/1/2023 passed by the High Court of Judicature at Allahabad in Writ-C No.35734 of 2022, under Article 226 of the Constitution of India.