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    Habibur Rahaman & Ors. v. Election Commission Of India & Ors.

    Dipankar Datta, J.:— Having regard to the decisions of the Hon'ble Supreme Court reported in AIR 1952 SC 64 (N. P. Punnuswami v. The Returning Officer, Namakkal); AIR 1955 SC 233 (Hari Vishnu Kamath v. Ahmad Ishaque); AIR 1978 SC 851 (Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi) and AIR 2000 SC 2979 (Election Commission of India v. Ashok Kumar), it is not open to a High Court to make any order hindering the process of election. The prayer for interim order of stay is, accordingly, refused subject to the following orders.

    The District Magistrate and District Election Officer, respondent no. 4 is directed to ensure that the trainings are not fixed at a time when the petitioners' services would be required in connection with discharge of their primary duty of teaching in their college. The respondents may, however, ensure that the petitioners are imparted trainings during the next four days.

    Let affidavit-in-opposition be filed by the respondents within four weeks from date; reply thereto, if any, may be filed within a week thereafter.

    The writ petitions shall be treated as ready for hearing on expiry of the period fixed about for exchange of affidavits and thereafter the parties shall be at liberty to mention these writ petitions for consideration before the appropriate bench after vacation.

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    Habibur Rahaman & Ors. v. Election Commission Of India & Ors.
    (Apr 11, 2014)