Saidul Gazi v. The Secretary Of West Bengal Election Commission And ORS.

31.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17336 of 2023 Saidul Gazi -versus The Secretary of West Bengal Election Commission & Ors.

Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayan Banerjee, Mr. Badrul Karim, Mr. Kiron Sk., Mr. Suman Sarkar.

...For the Petitioner.

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

Mr. Lalit Mohan Mahata, Mr. Jagabandhu Roy.

...For the State.

Mr. Anuran Samanta.

...For the Respondent No.3.

Mr. Billwadal Bhattacharyya, Mr. Tirtha Pati Acharyya.

...For UOI.

The petitioner contested the Panchayat General Elections, 2023. He raises several allegations with regard to the illegalities committed on the day of the poll as well as on the day of counting.

The petitioner claims to have filed objection before the Panchayat Returning Officer on 11th July, 2023.

The copy of the said objection bears the signature of one Kumardip De Sirkar. There is no seal with regard to the designation of the person who allegedly accepted the objection.

Photocopy of the document to show that email was forwarded is annexed to the writ petition, however, without the date mentioned.

The Court is not convinced with regard to the service of the objection upon the respondent authorities.

Accordingly, the prayer of the petitioner for consideration of the objection cannot be accepted. The writ petition fails and is hereby dismissed. Dismissal of the writ petition will, however, not stand in the way of the petitioner 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.)