Deluar Hossain Midya v. State Of West Bengal And ORS.

04.08.2025 Sl. No. 38.

M/L.

Mithun Ct.No.42.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 23660 of 2023 Deluar Hossain Midya Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Sr. Counsel., Mr. Pintu Karar, Mr. Akashdeep Mukherjee, Mr. Kiron Sk ...for the petitioner Mr. Santanu Kumar Mitra, Sr. Govt. Adv., Mr. Abhishek Banerjee ...for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

By the present writ petition, the petitioner seeks for direction upon the respondent authorities to appoint him as leader of opposition in Amta-II Panchayat Samiti. The petitioner contends that he is the only opposition independent candidate in Amta -II Panchayat Samiti and thus has to be selected as the leader of opposition. The petitioner made several representations to the Prescribed Authority and Sub-Divisional Officer, Uluberia as well as District Magistrate, Howrah for selecting him as a leader of opposition. However, no steps has been taken. Hence, this writ petition. Mr. Sabyasachi Chatterjee, learned Advocate for the petitioner submits that specific direction be issued upon respondent no.4, Prescribed Authority & Sub-

Divisional Officer, Uluberia to consider and dispose of such application of the petitioner dated 18th September, 2023 if not already decided.

Mr.

Santanu Kumar Mitra, learned Senior Government Advocate also submits in the similar fashion.

In view of such submission, the respondent no.4, Prescribed Authority & Sub-Divisional Officer, Uluberia is directed to consider and decide the application of the petitioner dated 18th September, 2023, if not already decided, in accordance with law within a period of four weeks from date of communication of this order. The result of the decision shall be communicated to the petitioner within a period of one week thereof. Learned advocate for the petitioner is directed to communicate this order to respondent no.4, Prescribed Authority & Sub-Divisional Officer, Uluberia. With the above direction, the writ petition being WPA 23660 of 2023 stands disposed of.

All connected applications, if any, stand disposed of.

There will be, however, no order as to costs. Interim order, if any, stands vacated.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Bivas Pattanayak, J.)