Bellal Mondal v. State Of West Bengal And ORS.

2nd SL 03 03.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15611 of 2023 Bellal Mondal -versus The State of West Bengal Ors.

Mr. Shahan Shah.

...For the Petitioner.

Ms. Sonal Sinha, Mr. Tarun Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee ...For the State Election Commission.

Mr. Lalit Mohan Mahata, Mr. Rudranil De.

...For the State.

The petitioner challenges the candidature of the private respondent on the allegation that he happens to be an existing contractor of the Gram Panchayat. On a perusal of the work order issued in favour of the private respondent, it appears that the same was issued on 30th July, 2020 and the work was scheduled to be completed within fifteen days from date of receipt of the work order.

From the work order it implies that the work in question ought to have been completed long back. The petitioner submits that the completion certificate was issued very recently.

The Court is of the opinion that issuance of the completion certificate at a late stage cannot extend the period of the work order which was scheduled to be completed within fifteen days from the date of the order.

At such a delayed stage, mere submission of the petitioner that the work order is still subsisting cannot be accepted by the Court.

In view of the above, no relief can be granted to the petitioner in the instant writ petition.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)