Rekha Singh Mahato vs Union of India & Ors.

By consent of the parties, both the appeals are treated as on day''s list and taken up for consideration along with the respective applications for stay.

The two appeals arise out of a common judgment and order rendered by the learned Single Judge on 16th March, 2017, in WP 27587 (W) of 2016 (Rekha Singh Mahato vs. West Bengal State Election Commission & Ors.) with WP 15589 (W) of 2016 (Rekha Singh Mahato vs. West Bengal State Election Commission & Ors.)

Both appeals have been preferred by the writ petitioner.

After hearing the learned advocates for the parties and upon perusing the impugned judgment and order, we are of the view that without challenging the vires of the relevant provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994 and the Rules framed thereunder, the appellant ought not to have approached the writ Court at all.

We, therefore, dispose of both the appeals and the respective applications for stay by granting liberty to the appellant, namely, Rekha Singh Mahato, to challenge the vires of the relevant provisions of law before the writ Court.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.