Bibi Bilakha Khatun And ANR. v. State Of West Bengal And ORS.

04.09.2023 Sl.No. 47 Ct.No. 24 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17125 of 2023 Bibi Bilakha Khatun and Anr.

Vs.

The State of West Bengal & Ors.

Mr. Habibur Rahaman....for the petitioners Mr. Santanu Kr. Mitra Ms. Rama Haldar...........for the State Md. Nawaz Rahber Mr. Muhammad Jawrod...for the respondent 6,7 Ms. Sonal Sinha Mr. Tarun Kumar Chatterjee Mr. Sujit Gupta Mr. Sayan Dutta Mr. Soumen Chatterjee ...for the SEC From the document as annexed to the writ petition it appears that the prayer for re-poll was submitted at a belated stage.

According to the provisions of law, prayer for re-poll or any incident of violence or electoral offence has to be reported to the Panchayat Returning Officer immediately.

In the present case, no complaint was lodged either before the Presiding Officer or the Panchayat Returning Officer. Complaint appears to have been lodged only on 14th July, 2023, that is, long after the declaration of the result.

The document relying upon which the present writ petition is filed is a letter from the General Secretary of the political party, which mentions about certain booth numbers where electoral offence was alleged to be made.

It appears that there is no mention about the booth numbers of the gram Panchayat in respect of which the petitioners raises allegation. In view of the above, no relief can be granted to the petitioners in the instant case. The writ petition stands dismissed.

It will be open for the petitioners to approach the appropriate forum, if permissible for law, for redressal of their grievances.

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

( Amrita Sinha, J. )