(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
West Bengal State Election Commission & Ors. _________ Petitioner(s)
v.
Communist Party of India (Marxist) its Authorized Member, West Bengal State Committee & Ors. _________________________ Respondent(s)
Petition for Special Leave to Appeal (C) No. 12590/2018, decided on May 10, 2018
The Order of the court was delivered by
Order
1. Issue notice.
2. As the respondent nos. 1 to 4 are represented, no further notice need be issued to them.
3. There is also no need of issuing notice to the respondent nos. 5 and 6, as they are not contesting parties.
4. The parties which have entered caveat, shall be treated to have been impleaded in the special leave petition, keeping in view the nature of lis in question.
5. Having heard learned counsel for the parties on the question of interim order, it is directed as follows:—
(i) There shall be a stay of the impugned judgment and order dated 8.5.2018 passed by the Division Bench of the High Court;
(ii) The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law;
(iii) The petitioners i.e. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the concept of purity of an election in a democracy;
(iv) The election process in respect of the constituencies shall be completed in all aspects and the results of the election can be notified as per law; and
(v) The petitioners shall not notify the results in respect of the constituencies where there has been no contest, without the leave of this Court.
6. Let the matter be listed on 3.7.2018.
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