Nasim Akhter Rabbani And ORS. v. State Of West Bengal And ORS.

Item No.15 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 07.08.2023 Ct-24 WPA 17527 of 2023 Nasim Akhter Rabbani & Ors.

v.

The State of West Bengal & Ors.

Ms. Sayanti Sengupta Mr. Jamiruddin Khan ...For the petitioner.

Mr. Santanu Mitra ... For the State.

Ms. Sonal Sinha Mr. Tarun Kumar Chatterjee Mr. Sujit Gupta Mr. Sayan Datta Mr. Soumen Chatterjee ... for the State Election Commission.

The petitioners contested the Panchayat General Elections, 2023.

The petitioners complain of rigging, booth capturing, false voting, violence and several other illegalities on the day of poll.

Complaint was lodged before the Panchayat Returning Officer on July 17, 2023. The same is yet to be disposed of.

It appears that the result of the election was declared on July 11, 2023 and at this stage if any order is passed for consideration of the objection filed by the

petitioners, then the winning candidate may be prejudiced.

The writ petition accordingly fails and is hereby dismissed.

Dismissal of the writ petition will, however, not stand in the way of the petitioners to approach the appropriate forum by way of an election petition in accordance with law, for redressal of their 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 directed.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. Sh. (Amrita Sinha, J.)