C.M. Appl. No. 474 of 2014 in W.P. (C) No. 145 of 2014 (D/O). Case: Kaushik Chakraborty Vs The State of Tripura.
| Case Number | C.M. Appl. No. 474 of 2014 in W.P. (C) No. 145 of 2014 (D/O) |
| Counsel | For Appellant: Somik Deb, Advocate and For Respondents: B.C. Das, Advocate General and N. Guha, Advocate |
| Judges | S. Talapatra, J. |
| Issue | Constitution of India - Article 226 |
| Judgement Date | November 11, 2014 |
Order:
S. Talapatra, J., (At Agartala)
1. Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. B.C. Das, learned Advocate General, Tripura, assisted by Ms. N. Guha, learned counsel appearing for the respondents No. 1 to 4.
2. By this miscellaneous application, the petitioners have sought for the following reliefs:
I) Issue Notice, calling upon the respondent-Ops and each one of them, as to why the leave, as sought for, by the petitioner-applicants, to pray for directions upon the respondent-Ops, to comply with the judgment & order dated 08.05.2014 (Annexure-CMA-1 supra), passed in W.P.(C) No. 145 of 2014 (D/O), shall not be allowed and to show cause as to why a Writ/Direction/Order, shall not be issued;
II) Issue Notice, calling upon the respondent-Ops and each one of them, to show cause as to why a Writ/Direction/Order, shall not be issued, directing them, to suitably modify the Final Voters' List (Annexure-CMA-7 supra), by incorporating thereunder, the respective addresses and contact details of the voters';
III) Issue Notice, calling upon the respondents and each one of them, to show cause as to why a Writ/Direction/Order, shall not be issued, directing physical casting, as the normal method, and postal ballot, as an exceptional method, of casting of votes;
IV) Issue Notice, calling upon the respondents and each one of them, to show cause as to why a Writ/Direction/Order, shall not be issued, quashing/setting aside the impugned Certificate of Scrutiny dated 03.11.2014 (Annexure-CMA-10 supra);
V) Issue Notice, calling upon the respondents and each one of them, to show cause as to why a Writ/Direction/Order, shall not be issued, directing the Returning Officer, not to open the Ballot Boxes, prior to the date of counting of votes;
VI) Issue Notice, calling upon the respondents and each one of them, to show cause as to why a Writ/Direction/Order, shall not be issued, for restraining/prohibiting them, from acting in any manner, in furtherance of the Final Voters' List (Annexure-CMA-7 supra);
VII) In the Ad-interim, and thereafter, in the Interim, an Order in terms of i. to vi. above;
VIII) After hearing the parties be pleased to make the Order absolute in terms of i. to v. above.
Except the reliefs that the respondents be asked to comply with the judgment and order dated 08.05.2014, delivered in W.P. (C) No. 145/2014, the other reliefs are relatable to the fresh cause of action, taken place in the post-disposal phase. Even the petitioners were not party to the said writ petition (disposed of). Hence they have urged for leave to agitate their grievances.
3. Mr. Somik Deb, learned counsel appearing for the petitioners has submitted that election to the Tripura State Medical Council is being carried out flouting the directions of this court, inasmuch as despite the direction given by...
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