Case Name : Union Territory of Ladakh & Ors vs Jammu & Kashmir National Conference & Anr.
Case Reference: (0000) 0 SCR 00 :
Neutral Citation: 2023 INSC 804
Case Number: CA 5707/2023
Court: Supreme Court
Bench: 02
Coram: Vikram Nath, Ahsanuddin Amanullah (Author)
Date: 06.09.2023
When is interference in election process permissible
When there are issues which indicate unjust executive action or an attempt to disturb a level playing field between candidates or parties, with no justifiable or intelligible basis, Constitutional Courts are duty-bound to step in (Para 37)
Pendency of Supreme Court’s reference to larger bench or review
High Courts should not await decision, but decide the case on the basis of law as it stands (Para 35) High Court cannot refuse to follow a judgment simply because it is doubted by a later co-ordinate Bench; it must follow the earlier judgment
Refer also: National Insurance Co Ltd vs Pranay Sethi, (2017) 16 SCC 680 at paras 27,28 BS Hari vs UOI, 2023 SCC OnLine SC 413
See also: Constitution - Article 226 larger bench of superior courts
PDF: UT of Ladakh & Ors vs J&K National Conference & Anr., 2023 INSC 804.pdf