LAWS(CAL)-2023-4-160

ALO RANI SARKAR Vs. SWAPAN MAJUMDAR

Decided On April 20, 2023
Alo Rani Sarkar Appellant
V/S
Swapan Majumdar Respondents

JUDGEMENT

(1.) This appeal has been directed against the Judgement and Order dtd. 20/5/2022 dismissing Election Petition 2 of 2021 (EP/2/2021) and also deciding the application being GA 4 of 2022 filed in connection with EP 2 of 2021.

(2.) The only issue to be decided by this Court is whether this intra-court appeal being APOT 95 of 2022 is maintainable in the light of The Representation of People Act, 1951 (for short the 1951 Act) under which the said Election Petition being EP 2 of 2021 came to be filed before the designated Court of this Hon'ble Court.

(3.) In the event this Court finds this appeal to be maintainable, only then the next question would arise of hearing the parties on the merits of the electoral dispute. In the event this Court decides against the maintainability of this appeal, the parties shall be at liberty to approach the appropriate Court which, in the statutory scheme of the 1951 Act, is the Hon'ble Supreme Court of India.