Debi Prasad Bhowmick v. Sec. Wb Elec. Com. And ORS.

02.09.2023 d.p./sh/agm In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16457 of 2023 Debi Prasad Bhowmick -versus The Secretary of West Bengal Election Commission & Ors.

Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Kiron Sk.

...For the Petitioner.

Ms. Sonal Sinha, Mr. Tarun Kumar 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.

Mr. Ayanava Raha.

...For UOI.

The video footages that have made over by the respondent authorities have been viewed in open Court in the presence of the learned advocates representing all the respective parties.

From the portions of the clippings that have been viewed in Court, it is very difficult to conclude that the incident of snatching, as reported by the Panchayat Returning Officer and complained of by the petitioner, is enough to pass an order to alter the result that has been declared by the Election Commission.

Though it appears that a scuffle took place at the time as mentioned by the petitioner as well as the Panchayat Returning Officer but the same is not enough to dislodge the result declared by the Commission.

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

The writ petition stands dismissed.

The police, however, is directed to continue the investigation in response to the complaint that was lodged by the respondent authorities, in accordance with law.

The ballot papers which were produced before the Court by the learned advocate appearing for the petitioner may be collected from the office of the Learned Registrar General and be submitted before the police station.

The police is directed to seize the ballot papers and issue proper receipt thereof.

Leave is granted to the Block Development Officer to collect the hard drive that was deposited in the office of the Learned Registrar General.

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

( Amrita Sinha, J.)