PARTY FOR DEMOCRATIC SOCIALISM (PDS) AND ANR. Vs. WEST BENGAL STATE ELECTION COMMISSION AND ORS.
LAWS(CAL)-2018-5-97
HIGH COURT OF CALCUTTA
Decided on May 01,2018

Party For Democratic Socialism (Pds) And Anr. Appellant
VERSUS
West Bengal State Election Commission And Ors. Respondents

JUDGEMENT

SUBRATA TALUKDAR,J. - (1.) Sir Samuel Creasy (former Chief Justice of Ceylon - now Sri Lanka) in his book 'Fifteen Decisive Battles of the World' refers to a fascinating legend connected to the attempted invasion of England by the Spanish Armada in the 16th Century. As the Spanish galleons closed onto the English shore, the major English generals of the stature of Sir Francis Drake, Sir Walter Raleigh, among several others, were at a bowling game. On news of the approaching Armada, the Generals/Captains of the Navy left their Bowling Alleys and were taking to their ships. It was Sir Drake who stopped them and, suggested that the game be played till over. All agreed and, it was so done.
(2.) The above allusion may not be entirely suggestive enough of the poll-related issues being successively raised before Court and the further fact of the Court retiring today in the midst of hearing to attend to an equally important ceremonial oath and, thereafter, with the assistance of the learned Members of the Bar, reassembling to complete the hearing.
(3.) Without embarking upon too much of unsolicited advice, the agony of both the Legislative/Executive Combine and the Court does not require to be traced out beyond the doorsteps of the West Bengal Election Commission (the Commission). The petitions have come almost as a tidal wave and much, to the discomfiture of any Constitutional Court, the Commission time and again reminded of its responsibilities.;


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