STATE ELECTION COMMISSION Vs. C.P. YOGESHWAR

JUDGEMENT

(1.) The legality and correctness of the order passed by the learned Single Judge in W.P. No. 4972 of 2007, dated 15-7-2009 is called in question in this appeal. The respondent filed a petition before the learned Single Judge challenging the notice issued by the appellant vide Annexure-B to the writ petition, dated 2-1-2007, and a further notice vide Annexure-D, dated 26-2-2007 and also to issue a writ of prohibition prohibiting the respondents from proceeding with the case registered against him vide Annexure-D.

(2.) The facts leading to this appeal as made out before the learned Single Judge is as hereunder:

(3.) The grounds urged by the petitioner to challenge the notice issued by the petitioner are that there was no necessity for the writ petitioner to send a reply to the notice got issued by the Assistant Commissioner and still he sent a reply. After considering the reply again one more notice has been sent without any power. Therefore, he contended that the action initiated by the Assistant Commissioner (Returning Officer) as bad in law and liable to be quashed.