Prodyot Mazumder v. State Of West Bengal And ORS.

09.04.2026 Court No.25 D/L No.8 S. Gayen

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 7911 of 2026 Prodyot Mazumder

Versus

The State of West Bengal & Ors.

Mr. Anindya Lahiri, Sr. Adv.

Mr. Subhamoy Bhattacharya Mr. Mainak Ganguly Mr. Shankar Mukherjee Mr. Sibhomoy Paul Mr. Anish Chakraborty Mr. Shibam Banerjee ...for the Petitioner Mr. Swapan Kr. Datta, Ld. GP Mr. Tapas Kr. Roy ...for the State Ms. Anamika Pandey Mr Ghanshyam Pandey Ms. Rishika Pandey ...for the Election Commission of India

1. The petitioner has filed the present writ application being aggrieved and dissatisfied with the act of the police authorities wherein the police authorities have taken the original registration certificate of the petitioner by a Memo dated January 11, 2026. The main grievance of the petitioner in the present writ application is that the police authorities without any requisition and without following the due process of law has stopped the vehicle of the petitioner and taken the registration certificate of the petitioner with the direction that as and when the police authorities will

require the petitioner has to bring the vehicle for the purpose of the election duty.

2. This Court has called for the report from the police authorities. The learned counsel for the State has submitted the report wherein it is categorically mentioned that during the usual process of law enforcement agency, an officer of the concerned police authorities requisition to the driver of the petitioner herein for the purpose of maintaining database of the available vehicle for conducting election under Shyampur Police Station jurisdiction for upcoming West Bengal Assembly Election, 2026. During the process the concerned police personnel kept the original RC book of the vehicle inadvertently from the possession of the driver of the vehicle. In the report, it is mentioned that the police officer has tried to return the original registration certificate but he could not come to the police station and police could not trace the person for handing over the said original registration certificate to the petitioner.

3. Learned counsel for the petitioner raised objection and submits that every time the authorities have summoning the private vehicles for the election duty and time and again this Court has passed the order for following the procedure for the requisition of the vehicles for the election duty but till date the

authorities are not following the rules for requisition of the vehicles for the election duty.

4. This Court finds that in the present case the police authorities have categorically stated that only for the purpose of maintaining the database, the police authorities have called the petitioner and taken the details and inadvertently the registration book of the petitioner was kept with the police station but the police authorities have tried to return the RC book but they could not trace the driver of the vehicle.

5. Considering the above, this Court finds that the police authorities have admitted that inadvertently they kept the RC book and now they are ready to return the RC book. This Court, without going into the further controversy in the matter, disposed of the writ petition by directing the Officer-in-Charge or any authorized officer of Shyampur Police Station to return the RC book of the petitioner by tomorrow at the address mentioned in the cause title of the present writ application.

6. WPA 7911 of 2026 is disposed of.

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

8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)