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    <title>2000 (8) TMI 1145 - Supreme Court</title>
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    <description>Article 329(b) bars judicial intervention once the electoral process has commenced where the relief would call in question an election or obstruct, stall, or protract the proceedings. Judicial review of election action is not entirely excluded, however, and may extend to settled grounds such as mala fide exercise of power, arbitrariness, or breach of law, including limited intervention that merely facilitates the process or preserves evidence. Applying these principles, the challenge to the Election Commission&#039;s notification for mixed counting under Rule 59A rested only on a bald allegation of mala fides, while the Commission had statutory power to issue it. The alleged non-publication in the Gazette was found incorrect, and no prima facie basis existed for interim interference during the pending election.</description>
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    <pubDate>Wed, 30 Aug 2000 00:00:00 +0530</pubDate>
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      <title>2000 (8) TMI 1145 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=308337</link>
      <description>Article 329(b) bars judicial intervention once the electoral process has commenced where the relief would call in question an election or obstruct, stall, or protract the proceedings. Judicial review of election action is not entirely excluded, however, and may extend to settled grounds such as mala fide exercise of power, arbitrariness, or breach of law, including limited intervention that merely facilitates the process or preserves evidence. Applying these principles, the challenge to the Election Commission&#039;s notification for mixed counting under Rule 59A rested only on a bald allegation of mala fides, while the Commission had statutory power to issue it. The alleged non-publication in the Gazette was found incorrect, and no prima facie basis existed for interim interference during the pending election.</description>
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      <pubDate>Wed, 30 Aug 2000 00:00:00 +0530</pubDate>
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