Rozina Khatun v. State Of West Bengal And ORS.

SL 67 01.08.2023 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17355 of 2023 Rozina Khatun -versus The State of West Bengal & Ors.

Ms. Salma Sultana Shah ...For the Petitioner.

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

Supplementary affidavit filed in Court today be kept with the record.

The petitioner contested the Panchayat General Elections, 2023.

Allegation is about several illegalities and irregularities both on the day of poll and at the time of counting. Objection was raised before the respondent authorities by email forwarded on 16th of July, 2023. The petitioner prays for consideration of the same. It appears that complaint was lodged long after declaration of the result. Had there been a genuine grievance, complaint ought to have been lodged immediately.

As complaint was lodged before the concerned authority long after declaration of the result, accordingly, the prayer of the petitioner for consideration of the representation 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 petitioner to approach the appropriate forum by way of an election petition for redressal of her grievances, if so advised.

The CCTV/Video footages and the ballot papers in respect of the concerned constituency shall be properly preserved and be produced before the Court as and when directed.

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

( Amrita Sinha, J.)