Sarbani Samadder v. State Of West Bengal And ORS.

02.08.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17392 of 2023 Smt. Sarbani Samadder -versus The State of West Bengal & Ors.

Mr. Suman Chattopadhyay, Mr. Lokenath Chatterjee, Mr. Rahul Sarkar, Ms. Dipika Sarkar, Mr. Siddhant Srivastava, Ms. Sabita Roy.

...For the Petitioner.

Ms. Sonal Sinha, Mr. Tarun Kumar Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee.

...For the State Election Commission.

Mr. Lalit Mohan Mahata, Mr. Ziaul Hoque.

...For the State.

The petitioner contested the Panchayat General Elections, 2023. She complains of rigging, booth capturing, false voting, violence and several other illegalities on the day of the poll.

Complaint was lodged before the Bagdah Police Station on 9th July, 2023.

The petitioner lodged complaint before the Election Commission on 16th July, 2023.

Prayer has been made for consideration of the aforesaid objections.

As regards the complaint lodged before the police station on 9th July, 2023, the Officer-In-Charge of the Bagdah Police Station is directed to take necessary steps in response to the complaint lodged.

As regard the prayer for re-poll submitted before the Commission, it appears that the same was made long after the declaration of the result. Accordingly, prayer for consideration of the complaint seeking re-poll cannot be allowed.

It will be open for the petitioner to initiate proceeding before the competent 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 produce the same as and when called for.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)