Arpita Chakraborty Ganguly v. Chief Election Commissioner, West Bengal And ORS.

ORDER SHEET WPO 136 of 2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ARPITA CHAKRABORTY GANGULY VS.

CHIEF ELECTION COMMISSIONER, WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 23rd March, 2021.

Mr. Soumya Majumder, Mr. Suvodeep Chakraborty, Mr. Mainak Ganguly, Advocates for the petitioner. Mr. Dipayan Choudhury, Mr. Suvradal Choudhury, Mrs. Priyanka Chowdhury, Advocates for respondent no.1. The Court : In terms of the order dated 19th March, 2021, the petitioner visited the District Medical Board at Barasat on 22nd March, 2021. A photocopy of the certificate issued by the District Medical Board upon investigating the petitioner's health is made over to Court by the petitioner's Advocate which is taken on record. A copy of such certificate is also made over to the Advocate representing the Chief Election Commissioner, West Bengal.

On a perusal of the said certificate, it appears that the petitioner is unfit and as such it will not be possible for the petitioner to perform the election duty in terms of the letter dated 14th February, 2021 issued by the respondent no.2. The petitioner is, therefore, released from the election duty for the West Bengal Assembly Election scheduled to be held from 27th

March, 2021, due to her health condition as appears from the medical certificate issued by the District Medical Board. The respondents shall take necessary steps so that the petitioner is released from the election duty for the Assembly Election of the State of West Bengal scheduled to be held from 27th March, 2021.

Nothing further remains to be adjudicated in the writ petition. The writ petition stands disposed of accordingly. Since I have not called for any affidavit, the allegations contained in the writ petition are deemed to have not been admitted by the respondents. ( ARINDAM MUKHERJEE, J.) pa