Prafulla Kumar Sardar v. State Of West Bengal And ORS.

02.09.2023 sh/agm/d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16923 of 2023 IA No. CAN 1 of 2023 CAN 2 of 2023 Sri Prafulla Kumar Sardar -versus The State of West Bengal & Ors.

Mr. Sanjib Kumar Mukhopadhyay, Mr. Nilanjan Adhikari, Ms. Pampa Roy, Ms. Nargish Parveen.

...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. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag.

...For the State.

Portions of the video footages on the day of counting in respect of the particular counting stations were viewed in Court in presence of the learned advocates representing the respective parties. The allegations of the petitioner are not readily evident from the said video footages.

It appears that further evidence is required to be taken for adjudicating the dispute raised by the petitioner in the instant writ petition. The same cannot be done in the present proceeding.

In view of the above, the writ petition and the connected applications are hereby dismissed.

It will be open for the petitioner to approach the appropriate forum for necessary relief, if so advised. The learned advocate-on-record of the State respondents will be at liberty to take back the hard drive submitted before this Court from the Assistant Court Officer attached to this Court.

Be it recorded that the video footages were not circulated amongst the parties and it was solely for the purpose of viewing the same in open Court.

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

( Amrita Sinha, J.)