Rekha Barman And ORS v. The West Bengal State Election Commission And ORS

07.07.2025 Ct. no.42 M/L 41

IN THE HIGH COURT AT CALCUTTA

ab CIVIL REVISIONAL JURISDICTION APPELLATE SIDE W.P.A. 21649 of 2023 Rekha Barman & ors.

versus The West Bengal State Election Commission & ors. Mr. Kaustav Chandra Das Mr. Nikunj Belia Mrs. Urvashi Jain ... for the petitioners Mr. Lalit Mohan Mahata, Ld. AGP Mr. Rudranil De ... for the State Ms. Sonal Sinha Ms. Shabnam Farooqi ... for the State Election Commission Affidavit of service filed on behalf of the petitioners is taken on record.

This writ petition has been filed for seeking a direction upon the respondent authorities not to give effect or further effect to the result of the Selection process of Panchayat Pradhan of the Gram Panchayat of Chainagar Constituency and to set aside/quash the result of the election of Panchayat Pradhan of the said Gram Panchayat.

Mr. Kaustav Chandra Das, learned advocate for the petitioners submits that the petitioners have made a representation on 14th August, 2023 before the District Panchayat Election Officer & District Magistrate, Uttar Dinajpur, respondent no. 2 raising their grievances with

regard to the process adopted for election of the office bearers of the Gram Panchayat. He seeks that the matter may be relegated to the respondent no. 2, District Magistrate, Uttar Dinajpur to consider and dispose of the representation of the petitioners dated 14th August, 2023.

Mr.

Lalit Mohan Mahata, learned Additional Government Pleader on behalf of the State submits that the office bearers have been elected by the members of the Gram Panchayat. However, since a grievance has been raised by the petitioners, the matter may be relegated to the respondent no. 2 to consider and dispose of the representation of the petitioners dated 14th August, 2023.

Ms. Sonal Sinha, learned advocate appearing for the State Election Commission, respondent no. 1 leaves the matter to the discretion of the Court.

Upon hearing learned advocates for the respective parties, the District Panchayat Election Officer & District Magistrate, Uttar Dinajpur, respondent no. 2 is directed to consider the representation of the petitioners dated 14th August, 2023 within a period of eight weeks from the date of communication of this order, upon notice to the petitioners, private respondent and the elected members and dispose of the same in accordance with law by passing a reasoned order. The reasoned order

shall be communicated to the petitioners within a week from the date of passing such order.

Petitioners are directed to communicate this order to respondent no. 2, District Panchayat Election Officer & District Magistrate, Uttar Dinajpur.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

It is made clear that this Court has not gone into the merits of the writ petition.

With the aforesaid directions, the writ petition being WPA 21649 of 2023 is disposed of.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)