Bikram Mondal v. The State Of West Bengal And ORS.

D/L Item No. 10 28.05.2024 KOLE WPA 11919 of 2024 Bikram Mondal -Vs.- The State of West Bengal & Ors.

Mr. Tanmoy Basu, Mr. S. Halder, Mr. Debdip Mondal, ... for the petitioner.

Mr. Vimal Kumar Shahi, Mr. Sougata Mitra, Mr. Sayan Dutta, ... for the State.

The petitioner has been selected as the Polling Officer for the ensuing last phase of country wise General Elections. The petitioner expressed his inability on the ground of his medical indisposition that he is suffering from neurological problems. To that effect he has also written through his letter dated April 6, 2024 to the District Magistrate and District Election Officer, South 24 Parganas, with the supporting testimonials.

Let his representation dated April 16, 2024, be considered and disposed of by the said authority. In doing so the said respondent shall hear the writ petitioner himself. He shall consider the entire documentary proof as would be produced by the writ petitioner before him for a proper decision in the case. He may also take the help of the doctor/medical board of the government hospital, to examine and ascertain the extent of petitioner's ailment and his capacity to attend the duty of a polling officer. The said respondent authority shall decide the representation by dint

of a reasoned order. Obviously, the entire process should be concluded, before the next date of polling.

Since I have not called for affidavits, the allegations made in the writ petition are deemed not to be admitted by the respondents.

WPA No. 11919 of 2024 is, accordingly, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Rai Chattopadhyay, J.)