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Calcutta High CourtWPA/17277/2023dismissed

Tuhelie Yeasmin v. The State Of West Bengal And ORS.

2023-07-31Hon'Ble Justice Amrita Sinha2 pages

31.07.2023 Item No. 62 Crt. No.24. W.P.A. 17277 of 2023 KB Tuhelie Yeasmin Vs.

State of West Bengal & Ors.

Mr. Neil Basu Mr. Sankha Biswas ... For the petitioner.

Mr. Lalit Mohan Mahata Mr. Ziaul Haque ... For the State.

Mr. Tarun Kumar Chatterjee Mr. Sujit Gupta Mr. Sayan Datta Mr. Soumen Chatterjee ... For the State Election Commission.

The petitioner contested the Panchayat General Elections, 2023 in respect of the Panchayat Samity and lost by 48 votes.

She alleges that approximately 300 ballot papers were found without the signature of the Presiding Officer in the reverse.

A complaint was lodged before the respondent authorities and sent through post by 17th July, 2023.

The petitioner prays for consideration of the said objection.

The prayer of the petitioner cannot be accepted in view of the fact that result of the

election was declared long ago on the 11th of July, 2023.

Complaint appears to have been sent through post only on the 17th July, 2023. Had the petitioner any genuine complaint, then the same ought to have been pointed out at the time of counting itself. The objection being filed after such a long delay, cannot be accepted.

The writ petition stands dismissed.

Dismissal of the writ petition will, however, not stand in the way of the petitioner from approaching the appropriate forum by way of an election petition, for redressal of her grievances, if so advised.

The respondent authorities are directed to properly preserve the CCTV/Video footages and the ballot papers of the said constituency to be produced as and when called for.

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

(Amrita Sinha, J.)