Joynal Abdin Shaikh v. The Secretary Of West Bengal Election Commission And ORS.

ML 1690 18.01.2024 Court. No. 24 GB W.P.A. 18527 of 2023 Joynal Abdin Shaikh Vs.

The Secretary of West Bengal Election Commission & Ors.

Mr. Badrul Karim ... for the Petitioner.

Mr. Santanu Kr. Mitra, Ms. Rama Halder ... for the State.

Ms. Sonal Sinha, Mr. Avishek Prasad ... for the State Election Commission.

Mr. Anuran Samanta ... for the Respondent No.3.

The submission made by the petitioner and the prayers made in the writ petition do not tally with each other. The petitioner submits that even though he was declared elected after counting of votes, the certificate of election was not issued in his favour.

From the documents annexed to the writ petition, it does not appear that the grievance of the petitioner was at all highlighted before the respondent authorities. The annexures suggest that complaint was lodged by the petitioner on the day of the poll alleging massive rigging, violence and vandalism. There is no document to show that the petitioner was declared elected.

In view of the above, no relief can be granted to the petitioner in the instant case.

The writ petition fails and is hereby dismissed.

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