Hamidum Mazid Mallik v. State Of West Bengal And ORS.

Ct. 24 Item No.01(SL) 28.06.2023 (Suvendu) WPA 14947 OF 2023 Hamidum Mazid Mallik Vs.

State of West Bengal & Ors.

Mr. Kingsuk Mondal ...for the petitioner Mr. Arjun Samanta ........for the respondent no. 4 Except respondent no. 4, none appears for the other respondents.

The affidavit of service filed on behalf of the petitioner in Court today is taken on record. The petitioner as well as the private respondent both are contesting the Panchayat General Election, 2023.

The allegation of the petitioner is that the private respondent did not disclose the criminal antecedents in the nomination filed by him.

According to the petitioner, incomplete information was supplied by the private respondent at the time of filing the nomination papers. The petitioner has annexed the FIR to the writ petition in support of his contention. The petitioner also hands

up an Information Slip issued by the GRO (Sadar Court) Berhampore, Murshidabad mentioning that the criminal case which was initiated in the year 2017 arraying respondent no. 8 as an accused is pending consideration till date.

The petitioner lodged objection before the Commission and the same is yet to be disposed of. As none represents the answering respondents, the matter cannot be decided effectively.

In view of the above, the instant writ petition is disposed of by directing the State Election Commission to take a decision on the objection lodged by the petitioner in accordance with law at the earliest but positively by 3rd July, 2023 after giving opportunity of hearing to all the parties.

In the event it appears that the nomination paper of the private respondent was not in order, necessary consequential steps shall be taken in this regard.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Amrita Sinha, J.)