MANMOHAN PATEL Vs. THE STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) CONSTITUTION OF INDIA, 1950 - Arts. 226 and 227 - Power to interfere with the result of the election of a returned candidate vests with the Election Tribunal - Writ Court cannot be asked to intervene. (Paras - 5 and 6)

(2.) ORISSA ZILLA PARISHAD ACT, 1991 - Sec. 6 -A - The section is virtually on the line of Article 324 of the Constitution - Power of State Election Commission regarding superintendence, direction and control of elections - Exercise thereof indicated - With the declaration of the result of an election, the process comes to an end and the Election Tribunal is competent to adjudicate any dispute. (Paras - 7 to 9)

(3.) AFTER hearing the learned counsel for the petitioner, we directed issuance of notice to the learned counsel for the State Election Commission. We also directed him to produce the entire record. Learned counsel for the State Election Commission has filed an affidavit about the maintainability of the writ petition and has also very fairly produced the records. In the instant case, on the prayer of the petitioner for recounting of votes the same has been rejected by a speaking order. But a different grievance has been raised in the present writ petition.