Puducherry Assembly polls | High Court disapproves of prohibitory order
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April 05, 2021 00:57 IST ECI may have primacy on conduct of elections yet it has to act reasonably and rationally
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AAA ECI may have primacy on conduct of elections yet it has to act reasonably and rationally
The Madras High Court on Sunday disapproved of a prohibitory order passed by Puducherry Collector under Section 144 of the Code of Criminal Procedure (Cr.P.C.)
The cour said there is no doubt that the Election Commission of India (ECI) has primacy on how to conduct elections and the control over law and order too passes on to the Commission during elections. However, just like any other authority, the Election Commission is also required to act reasonably, rationally and without the slightest hint of any bias on its part.
Madras High Court disapproves of prohibitory order in Puducherry
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There is no doubt that the Election Commission of India (ECI) has primacy on the issue of how to conduct elections and control over law and order, too, passes on to the Commission during elections. However, just like any other authority, the Commission is required to act reasonably, rationally and without the slightest hint of bias, the Madras High Court observed on Sunday.
After holding a special sitting to hear a public interest litigation petition filed by R. Rajangam, secretary, Communist Party of India (Marxist), Puducherry Pradesh Committee, the first Division Bench, comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, disapproved of a prohibitory order passed by the Puducherry Collector under Section 144 of the CrPC. The judges agreed with the petitioner that the 48-hour prohibition on unlawful assembly and movement, shouting of slogans and use
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