Kakoli Chowdhury@Kakoli Chowdhury And ANR v. State Of West Bengal And ORS.

25.02.2022 Court No.13 sl.43 sp WPA 2771 of 2022 Kakoli Chowdhury @ Kakoli Chowdhury & Anr.

Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Siddhartha Banerjee, Mr. Dipayan Kundu ... for the petitioners.

Mr. T.M. Siddiqui, Mr. Debasish Ghosh, ...for the State Affidavit of service filed Court today is taken on record.

The writ petitioner no. 1 is a candidate in the impending municipal polls to be held at English Bazar, Municipality in Malda. There are a large number of criminal cases registered against the petitioner no.1 and at the instance of the petitioner against third persons. The petitioner no.1 only seeks intervention of this Court from coercive measures, until the date of election, i.e. February 27, 2022.

This Court is of the view that since the petitioner is in the fray in the said municipal elections, any coercive action before February 27, 2022 may effect her rights. In that view of the matter, the State shall not adopt any coercive measures against the petitioner no.1 in respect of the FIRs registered against her until the end of the day of February, 2022.

The petitioner also prays for adequate security since she is being intimidated and threatened in course of her participation in the said elections.

In that view of the matter, the writ petitioner no.1 may apply before the Superintendent of Police, Malda, communicating her threat perception and making appropriate prayer for security by 5 pm today. Upon receipt of such representation, the Superintendent of Police, Malda shall forthwith assess the threat perception to the petitioner accordingly and if necessary, deploy sufficient security.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)