ELLECTION COMMISSION OF INDIA Vs. CHANDAN KUMAR SARKAR

JUDGEMENT

(1.) This appeal is directed against the decision of the learned Single Judge passed in Civil Rule No. 1157 of 1994 (Chandan Kumar Sarkar-Vs- Chief Election Commissioner and 5 Others) by which the order of the Election Commission of India bearing No. 39/AS/93 dated March 15, 1994 has been held to be illegal and without jurisdiction and the aforesaid order has been set aside and the Writ petition was allowed. The relevant text of the impugned order for the purpose of determination of this appeal would appear hereafter.

(2.) We have heard Mr. D.N. Choudhuri, Learned Sr. Counsel assisted by Mr. B.P. Kataky, Mr. B.D. Goswami, Learned Counsel appearing on behalf of the appellant; the Election Commission of India and the Chief Election Commissioner and Chairman and Mr. N.N. Saikia, Mr. V. Hansaria, Learned Counsel assisted by Satyen Sarma Mr. J. Chutia, Md. G.Deka, Mr. K. Barua and Mr. N. Choudhuri, Learned Counsel appearing on behalf of the contesting respondent-petitioner.

(3.) The controversy to be adjudicated in this appeal whether the Election Commission of India, the appellant No. 1, was competent and has power, authority and jurisdiction to pass order making request to the various authorities in terms of the order dated March 15, 1994 being Annexure-I to the Civil Rule in exercise of the power under Article 324 of the Constitution and infirmities, if any, in the decision dated September 16, 1994 of the learned Single Judge given in the Civil Rule No. 1157 of 1994.