Md Edul Rahaman And ANR v. State Of West Bengal And ORS.

01.08.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17272 of 2023 Md. Edul Rahaman & Anr.

-versus The State of West Bengal & Ors.

Mr. Partha Sarathi Das, Mr. Md. Hafiz Ali, Mr. S.K. Saifuddin, Ms. Shanta Sarkar, Mr. Debojyoti De.

...For the Petitionerss.

Ms. Sonal Sinha, Mr. Tarun Kumar 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.

Affidavit-of-service filed in Court today is taken on record.

The petitioners contested the Panchayat General Elections, 2023. They raise allegation with regard to the discrepancy in the number of ballot papers found in the ballot box and the number of ballot papers found at the time of counting.

The petitioners submit that the final result was put up in the official website of the Commission at a delayed point of time and thereafter the objection was

filed immediately. The petitioners pray for consideration of the said objection.

It appears that the result of the election was declared on 11th July, 2023 whereas the complaint was lodged long after the date of declaration of the result. Accordingly, the prayer of the petitioners seeking consideration of the objection cannot be allowed. The writ petition fails and is hereby dismissed. Dismissal of the writ petition will, however, not stand in the way of the petitioners from approaching the appropriate forum by way of election petition, for redressal of her grievances, if so advised.

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.

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

( Amrita Sinha, J.)