Mijanul Haque And ANR. 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 15780 of 2023 Mijanul Haque & Anr.

-versus The State of West Bengal Ors.

Mr. Shamim Ahmed, Ms. Saloni Bhattacharya Ms. Gulsanwara Pervin Mr. A. R. Bhattacharya.

...For the Petitioners.

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.

One of the reliefs sought for by the petitioners in the instant writ petition is a direction upon the West Bengal State Election Commission to provide adequate security measures including deployment of Central Force in the sensitive polling booths identified by the petitioners.

It appears that the Hon'ble PIL Bench took up a similar issue and passed order on 4th July, 2023 in WPA(P)/336/2023 (Sangrami Joutha Mancha & Anr. - vs- State of West Bengal & Ors.) wherein the Court directed that the deployment of the Central Force shall be for the entire election process till the declaration of the results and the deployment of the Central Force and State police force will be in the ratio of 50:50.

The State Election Commission and the police authorities are directed to act in strict compliance of the direction passed by the Hon'ble PIL Bench. The Commission shall ensure that adequate security force is provided to the polling booth nos. 30, 31, 32/1, 32/2, 33 and 34 in respect of the constituency Madanpur/PS 50 and booth nos. 35 and 36 in respect of the constituency Madanpur/PS 49 in the Berhampore Panchayat Samity.

The petitioners have also prayed for a direction upon the Commission to conduct a thorough and impartial investigation into the incidents of violence, threats, and harassment faced by the petitioners by the police officers and also at the end of the ruling dispensation.

It will be open for the petitioners to initiate appropriate proceedings seeking relief with regard to the aforesaid prayer before the appropriate forum in accordance with law, if so advised.

Report filed by the Daulatabad Police Station, Murshidabad signed by the Officer-in-Charge on 5th July, 2023 be retained with the records.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)