Namita Sardar v. The West Bengal State Election Commission And ORS

ML 228 09.04.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24184 of 2023 Namita Sardar -versus The West Bengal State Election Commission & Ors.

Mr. Sandipan Das, Ms. Indrani Roy.

...For the Petitioner.

Ms. Srabasti Barai.

...For the Election Commission.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the private respondent. The petitioner is a member of the Gram Panchayat. She alleges that the private respondent has been elected as Pradhan in respect of a post which is reserved for a scheduled tribe candidate, even though the private respondent does not belong to the scheduled tribe category.

An objection is pending consideration before the Block Development Officer and the District Magistrate. Without entering into the merit of the claim of the petitioner, as it appears that the objection filed before the Block Development Officer is pending consideration, accordingly, the instant writ petition is disposed of by

directing the Block Development Officer being the respondent no. 4 herein to consider and dispose of the objection filed by the petitioner after giving reasonable opportunity of hearing to all the necessary parties to produce documents in support of the reservation. A decision shall be taken in the matter at the earliest, but positively within a period of four months from the date of communication of this order. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)