Manowara Bibi v. State Of West Bengal And ORS.

SL 23 04.08.2023 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17494 of 2023 Manowara Bibi -versus The State of West Bengal & Ors.

Mr. Sukanta Chakraborty Mr. Anindya Halder Mr. Zubair Ahmed ...For the Petitioner Ms. Sonal Sinha Mr. Tarun Kumar Chatterjee Mr. Sujit Gupta Mr. Sayan Datta Mr. Soumen Chatterjee ...For the Election Commissioner.

Affidavit-of- service filed today in Court be kept with the record.

The petitioner contested the Panchayat General Elections, 2023.

She alleges several illegalities on the day of poll. The petitioner and the counting agent were mercilessly beaten and thrown out from the counting centre. The result of the election was declared behind the back of the petitioner.

Complaint was sought to be lodged before the Panchayat Returning Officer on 15th July, 2023. The aforesaid complaint dated 15th July, 2023 was forwarded through post to the respondent authorities on 17th July, 2023.

The petitioner prays for consideration of the same.

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. 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 results, 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.)