Anjali Murmu And Others v. State Of West Bengal And ORS.
21.08.2023 Srimanta Sl. No. 19 Ct. No. 14 WPA/20106/2023 Anjali Murmu & Ors.
-Vs.- State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee, Mr. Masud Malik, Mr. Imtiaz Akhtar ...for the petitioners.
Mr. Lalit Mohan Mahata, Mr. Rudranil De ...for the State.
This is an application under Article 226 of the Constitution of India praying for direction upon the respondent authorities to grant protection to the petitioners so that they are able to reach the office of the Panchayat Samiti, Habibpur Gram Panchayat and participate in the formation of a new Panchayat tomorrow, i.e. on 22.08.2023 at 12.00 noon.
Copy of the notice sent in this regard has filed by the petitioners is taken on record.
A copy of the report filed by the State is also taken on record.
At this stage, learned Counsel appearing for the petitioners submits that she would not like to press the application so far as the petitioner nos. 17 and 18 are concerned because they are not the winning candidates, but are relatives of some candidate. Accordingly, the petition is disposed of as not pressed so far as the petitioner nos. 17 and 18 are concerned. Learned Counsel appearing on behalf of the petitioners further submits as follows. The petitioners are the winning candidates belonging to an opposition political party in respect of the Panchayat Elections of
2023. A notice has been given for the altered date of Board formation that is supposed to take place on 22.08.2023 at 12.00 Noon. The miscreants belonging to the ruling political dispensation have been trying to prevent the petitioners first from participating in the elections and now from forming the Board. Adequate Police protection needs to be given so that the petitioners are able to exercise their democratic rights in participating in the process of Board formation. Learned Counsel representing the State relies on the report and submits as follows. The allegations made in the writ petition are denied. Even then, if the petitioners are in fear of any difficulty in participating in the Board formation process, the local Police Authorities would be in a position to provide security. I have heard the learned Counsel appearing on behalf of the parties and have perused the writ petition and the report filed by the State.
It appears that Board formation for the Panchayat had to be postponed on one occasion. The petitioners apprehend that local miscreants may again try to prevent them from participating in the said process.
In view of the same and in the interest of justice, let the petitioners report to the Officer-inCharge of Habibpur Police Station tomorrow, i.e., 22.08.2023 at 10.00 A.M. so that the Officer can arrange for adequate Police protection to escort them to the venue of the meeting. Even after that the local Police Authorities shall keep a strict vigil and maintain peace at the area.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Jay Sengupta, J.)