Safikul Islam And ORS v. State Of West Bengal And ORS.

August 8, 2025 Sl. No.11 Court No.8 s.biswas WPA(P) 113 of 2022 Safikul Islam and others vs.

The State of West Bengal and others Ms. Sonal Sinha Mr. Debdooti Dutta ... for the respondent no.2

1. None appears on behalf of the petitioners. The respondent no.2 (West Bengal State Election Commission) is represented through learned advocate.

2. In this PIL, the petitioners have called in question the election of private respondent on the post of councilor in Ward No.16 in Dhulian Municipality. The learned counsel for the respondent no.2 submits that under the relevant Municipal Law, there exists an enabling provision for filing election petition to nullify the election. This PIL is not maintainable. Even otherwise, most of the period for which election had taken place, is over by now.

3. It appears that the petitioner has lost interest in the matter. We find substance in the objection of the learned counsel for the respondents that ordinarily an election can be called in question only through election petition and it cannot be gone into in a PIL.

4. For this cumulative reason, we find no justification in keeping this PIL in the docket. Thus, this PIL is dismissed.

(Sujoy Paul, J.) (Smita Das De, J.)