Gouri Sankar Mahakal v. State Of West Bengal And ORS.

06.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15769 of 2023 Gouri Sankar Mahakal -versus The State of West Bengal Ors.

Mr. Gouranga Kumar Das, Ms. Swati Mandal.

...For the Petitioner.

Mr. Lalit Mohan Mahata, Mr. Rudranil De.

...For the State.

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

The petitioner challenges the candidature of the private respondent in contesting the Panchayat General Elections, 2023 alleging that he is an MR dealer and is ineligible to contest the Panchayat election. The guidelines laid down by the State Election Commission mentioning the persons who are not eligible to contest the Panchayat election clearly lays down that an MR dealer in the capacity of MR dealer is eligible to contest.

The Panchayat Returning Officer and Block Development Officer have forwarded instruction clearly mentioning that the MR dealer in the capacity of the MR dealer is eligible to contest and the private

respondent is only an MR dealer and not GR dealer or mid-day meal storing agent.

In view of the aforesaid, the allegation of the petitioner that the private respondent is ineligible to contest the Panchayat General Elections, 2023 cannot be accepted. As per the criteria laid down by the Commission, an MR dealer in the capacity of MR dealer is eligible to contest the election.

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.)