MD. MANOAR HOSSAIN Vs. SAIAR RAHAMAN

JUDGEMENT

(1.) In view of the judgment (Sharif-ud-Din v. Abdul Gani Lone, 1980 AIR(SC) 303, the issue sought to be raised by the petitioner herein that the second limb of Section 79(3) of the West Bengal Panchayat Elections Act, 2003 is not mandatory, cannot be accepted.

(2.) Several judgments have been cited on behalf of the parties, including the judgments (Ponnala Lakshmaiah v. Kommuri Pratap Reddi, 2012 7 SCC 788) and (T. M. Jacob v. C. Poulose, 1999 4 SCC 274) by the petitioner. In the most recent judgment cited by the petitioner, the provision in the Representation of People Act, 1951 corresponding to Section 79(3) of the State Act of 2003 was not in issue.

(3.) Section 79(3) of the said Act of 2003 provides as follows: