Abul Kalam v. State Of West Bengal And ORS.

26.07.2023 sb. Ct.24 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17169 of 2023 Abul Kalam versus The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Arnab Sinha ...For the Petitioner.

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

Mr. Amal Kumar Sen Mr. Jaladhi Das ...For the State.

The petitioner contested the Panchayat General Elections, 2023.

He alleges rigging, booth capturing, false voting, violence and other illegalities on the day of the poll. A complaint was lodged on the day of the poll, but the same is yet to be disposed of. The petitioner prays for re-poll.

Without going into the merits of the allegation made in the complaint seeking consideration filed by the petitioner, the instant writ petition is disposed of by

directing the State Election Commission to consider and decide the complaint filed by the petitioner at the earliest, but positively within a period of ten days from the date of communication of a copy of this order. A reasoned order shall be passed and communicated to the petitioner immediately thereafter. The learned advocate for the petitioner is directed to forward a copy of the complaint to the State Election Commission at the time of communicating the order of the Court.

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 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.)