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Calcutta High CourtWPA/17258/2023dismissed

Sima Parvin v. The West Bengal State Election Commission And ORS.

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

Dd 57 31.07.2023 In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 17258 of 2023 Sima Parvin Vs.

The West Bengal State Election Commission & Ors.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder, Advocates ... ... For the Petitioner Mr. Tarun Kr. Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee, Advocates ... ...For the SEC The petitioner contested the Panchayat General Election, 2023. She alleges that there was severe violence on the day of the poll and accordingly a re-poll was conducted on 10th July, 2023. The incident of violence recurred on the day of re-poll.

The petitioner lodged complaints before the District Magistrate and the Superintendent of Police on 17th July, 2023 and alleges that the same has not been taken up for consideration till date.

As it appears that complaints before the respondent authorities were filed long after the declaration of the result, accordingly, there is no scope to grant any relief to the petitioner in the instant writ petition.

The writ petition stands dismissed.

Dismissal of the writ petition will, however, not stand in the way of the petitioner to approach the appropriate forum with 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 paper in respect of the said constituency and to produce the same as and when directed.

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

(Amrita Sinha, J.)