Raj Kamal Singh v. Election Commission Of India And Others

02.09.2021 Court No.1 Item No.17 AP/ss Raj Kamal Singh Vs.

Election Commission of India and Ors.

(Through Video Conference) Mr. Dipayan Chaudhury, Advocate ...

for Election Commission present on virtual mode.

The present petition has been filed in the course of assembly election in the State of West Bengal on April 28, 2021 with the following prayers:- "a) A writ of or in the nature of Mandamus do issue commanding the respondents, particularly the respondent Nos. 1 to 3 to disqualify the respondent No.5 from contesting the ongoing election from Jorasanko Assembly Constituency under Section 8A of the said Act of 1951 for indulging in corrupt practices to interfere with the electoral processes and influence the outcome of the election;

b) A writ of or in the nature of Mandamus do issue commanding the respondents, particularly the respondent Nos.1 to 3 to withhold the declaration of the results of the election;

c) A writ of or in the nature of Mandamus do issue commanding the respondents, particularly the respondent Nos.1 to 3 to put a complete ban the respondent No.4 from publishing any further articles in said daily newspaper with regard to the matters

pertaining to the ongoing election in the said constituency and take actions against the respondent No.4 and every persons who are in control of the respondent No.4 and who are implicit in furtherance corrupt practices to influence the outcome of the election in favour of the respondent No.5 as per the provisions of the said Act of 1951;

d) A writ of or in the nature of Prohibition do issue forbearing respondent Nos.4 and 5 in indulging in further corrupt practices to interfere with the electoral processes and influence the outcome of the election in any manner whatsoever till the disposal of the instant writ petition;

e) A writ of or in the nature of Prohibition restraining the respondent No.4 from publishing further articles with regard to the election in the said constituency in the said daily newspaper till disposal of the instant writ petition;

f) A writ of or in the nature of Certiorari do issue commanding the respondents to certify and transmit to this Hon'ble Court the records of the impugned proceedings including impugned publication of the purported article in the said daily newspaper on April 26, 2021 so that the same may be quashed and/or conscionable justice may be done to them;

g) Injunction restraining respondents from publishing the results of the election of the said constituency till disposal of the instant writ petition;"

After filing the same it was not followed by the petitioner. As the assembly election had already been concluded, nothing survives in the present petition to be adjudicated upon at this stage.

The same is accordingly dismissed as infructuous. [Rajesh Bindal, C.J. (A.)] [Rajarshi Bharadwaj, J.]