Jasmina Bibi v. State Of West Bengal And ORS.

TUESDAY Court : MB-24 Item : AD-01 Status : DO ID : 266312 AR : NANDY In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 27387 OF 2025 JASMINA BIBI VS.

THE STATE OF WEST BENGAL & ORS.

Mr. Sujoy Bandyopadhyay, Advocate Mr. Md. Kutubuddin, Advocate ......for the Petitioner Mr. Srijan Nayak, Advocate Ms. Rituparna Maitra, Advocate ......for the Respondent Nos. 2, 5 & 6 Mr. Rabindranath Pal, Advocate Ms. Sanjukta Samanta, Advocate ......for the State

1. Though affidavit of service has been filed and is taken on record, the petitioner has candidly submitted that proof of delivery does not appear from such affidavit of service.

2. However, the respondents are present and are represented, barring the respondent no. 9.

3. The only grievance of the petitioner is that being a member of the Rasulpur Sukanta Sangha Mahila Samabay Samity Limited, she had filed her nomination form to participate in the election process of the Upo Sangha but the same was rejected on 28.11.2025 and in spite of representation made to the respondent no. 4, her request to contest, was not considered.

4. The petitioner was unable to show either from the pleadings or the documents appended to the writpetition any allegation of unjust executive action or arbitrariness on the part of the authority in rejecting her application.

5. However, Mr. Bandyopadhyay, learned Advocate representing the petitioner, submits that since the

P a g e | 2 petition had been filed in haste, certain documents have been erroneously omitted from the petition.

6. Since the election is slated to be conducted today, I am not inclined to stay the election process.

7. The petitioner will, however, be at liberty to file a representation with the respondent no. 5 (Returning Officer & Deputy Project Director, Credit, DRDC of the concerned District) by 04.12.2025.

8. The respondent no. 5 is directed to consider and dispose of the representation and take consequential steps, in so far as the election process is concerned thereafter, if so required by 10.12.2025.

9. With these afore-stated directions, WPA 27387 of 2025 is disposed of. No order as to costs.

10. Since no affidavit has been called for, the allegations contained in the writ-petition deemed not to have been admitted by the respondents.

(REETOBROTO KUMAR MITRA, J.)