RAJ KRUSHNA BOSE vs BINOD KANUNGO AND OTHERS.

The Supreme Court held that the discretionary powers of the Supreme Court and High Courts under Articles 136 and 226 of the Constitution cannot be curtailed by legislative provisions, specifically Section 105 of the Representation of the People Act, 1951, which states that orders of the tribunal are final. The Court clarified that an election to a State Legislative Assembly is not invalidated merely because a candidate is nominated or seconded by a Government servant, as per Sections 33(2) and 123(8) of the Act. The Court disapproved the Election Tribunal's failure to address all issues framed, which contravened Section 99 of the Act, thereby upholding the election results.