Resmi Khatun And ORS. v. State Of West Bengal And ORS.

14 09.08.2023 NB Ct. 14 WPA 19236 of 2023 Resmi Khatun & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Samim Ahammed, Mr. Nepesh Majhi.

...for the petitioners.

Mr. Amitesh Banerjee ld.Sr.Standing Counsel, Ms. Ipsita Banerjee, Mr. Tarak Karan.

....for the State.

This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to provide police protection to the petitioners who are the winning members of Palitbeghia Gram Panchayat in the Gram Panchayat Election till the formation of Board. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the winning candidates of the Palitbeghia Gram Panchayat in the district of Nadia. The petitioners apprehend that the local miscreants belonging to the ruling dispensation would prevent them from participating in the Board formation, which is to take place at the Gram Panchayat Office on 10th August, 2023 at 12pm. They have sought police protection before the concerned authority, which has not been granted yet.

Learned senior standing counsel representing the State submits as follows. The respondents strongly deny the allegations made in the writ petition. There is already a police arrangement at the venue where the Board formation would take place. However, if the petitioners are apprehending some

kind of danger, the local police station can make adequate arrangement with armed police so that no breach of peace takes place at the venue. In fact, the Central Forces have also done route marches and taken independent measures at the locality.

I have heard the submissions of the learned counsels appearing on behalf of the parties and have perused the writ petition.

It appears that the petitioners are the winning candidates for the Palitbeghia Gram Panchayat Elections. Board formation process is to take place on 10th August, 2023 at 12 pm. The petitioners apprehend that the local miscreants might try their best to create disturbances at the time of formation of Board. In view of the above and in the interest of justice, the respondent police authorities are directed to maintain a sharp vigil at the locale and ensure that no breach of peace takes place at the venue.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)