ARJUN SINGH @ PAPPU Vs. ASHWANI TRIPATHI AND OTHERS

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the learned Single Bench on 13.11.2017 whereby, the learned Single Bench relying upon a judgment of Supreme Court in the case of Indrajit Barua and others v. Election Commission of India and others, AIR 1986 SC 103 stayed the election process on the ground that the preparation of electoral rolls is not a process of election.

(2.) We find that the learned Single Bench has committed grave error in law to stay the elections to a co-operative society.

(3.) The law of elections is well settled starting from the Supreme Court judgment in N.P. Ponnuswami v. The Returning Officer, Namakkal, Saleem Dist. and others, AIR 1952 SC 64 wherein, it is laid down that the election connotes the entire procedure to be gone through to return a candidate to the legislature. The expression "conduct of elections" in Article 324 of the Constitution of India specifically points to the wide meaning and that meaning can also be read consistently into the other provisions. The court has not agreed with the argument that the preparation of electoral rolls is not a process of election. The court held to the following effect: