Khokan Choudhury And ANR. v. State Of West Bengal And ORS.
24.06.2025 sb Ct 5
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12973 of 2025 With CAN 1 of 2025 Khokan Chowdhury & Anr.
Versus
The State of West Bengal & Ors.
Mr. Raja Saha Mr. Sujit Sankar Koley Mr. Swagatam Deb Ms. Bahnidipa Roy ... For the petitioners.
Sk. Md. Galib Mr. Abu Siddique Mallik ... For the State.
Mr. Srijan Nayak Mrs. Rituparna Maitra ... For the respondent no.8.
Mr. Pradeep Kumar Roy, Sr. Advocate Mr. Ankit Sureka Mr. Biplab Das .... For the respondent nos. 5 and 6.
1. The instant writ petition has been filed, inter alia, challenging the election schedule dated 29th May, 2025 whereby as per the aforesaid schedule, the entire programme for conducting the election process has been directed to be held at Tatarpur Community Hall.
2. The petitioners would contend that on the basis of a Notification published by the Returning Officer dated 4th February, 2024, appearing at page 14 of the writ petition, it would transpire that the
area/constituencies have been identified. The election schedule, however, does not take into consideration the aforesaid constituencies and according to the petitioners, the place for holding election process is approximately 6/7 kilometers from the constituencies notified as above. Though, a representation was made by the petitioners addressed to the Retuning Officer, no steps in this regard have been taken by him. In course of hearing it is, however, submitted that assurances have been given by the Returning Officer to look into the matter. Ultimately, the same did not yield any result. It is in those circumstances, the petitioners have been compelled to approach this Court, though belatedly.
3. Mr. Nayak, learned advocate appears on behalf of the respondent no.8. He submits that prior notice for fixing the election schedule was circulated to the members. In this context he relied on a hearing notice issued by the Assistant Returning Officer dated 13th June, 2025. A copy of the aforesaid communication as placed before this Court by Mr. Nayak is taken on record. Mr. Nayak, however, fairly submits that having regard to the election schedule although the process of publication of final candidates is complete, however, it is unlikely than voting would take place on 25th June, 2025 as the returning officer may require some more
time to complete the entire election process.
4. Heard the learned advocates appearing for the respective parties and noting that out of 1800 and odd members only two (2) petitioners have approached this Court and also considering the fact that the election is proposed to be concluded in terms of the election schedule dated 29th May, 2025, on 25th June, 2025, no interference is call for at this belated stage.
5. In view thereof, the writ petition is dismissed along with the connected application, being CAN 1 of 2025.
6. There shall be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Raja Basu Chowdhury, J.)