Kayanat Bibi v. The West Bengal State Election Commission And ORS.

19.07.2023 sb Ct 24

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16882 of 2023 Kayanat Bibi Vs.

The State Election Commission, West Bengal & Ors. Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay ... For the petitioner.

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

Mr. Lalit Mohan Mahata Mr. Jagabandhu Roy ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner contested the Panchayat General Elections, 2023.

She raises issue with regard to the missing ballot papers which were detected at the time of counting. A representation was sought to be filed before the Block Development Officer on 13th July, 2023, however, there is no proof of service of the said representation upon the Block Development Officer.

In the event, the petitioner serves a copy of the representation dated 13th July, 2023, annexed to the writ petition at page 17, by tomorrow (20.07.2023), the same shall be considered and disposed of by the Block Development Officer at the earliest but positively by 9th

August, 2023. A reasoned order shall be passed and communicated to the petitioner immediately thereafter. The Panchayat Returning Officer is directed to properly preserve the CCTV/Video footages and the ballot papers and to produce the same as and when called for. The writ petition is 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.)