Gopal Ganguli v. The Election Commissioner For Ut,

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/301/2021 Gopal Ganguli ... Petitioner Vs.

The Election Commissioner for UT.

... Respondent Mr. N.A. Khan ... for the petitioner Mr.Salim Mohammed ... for the respondent April 20, 2022 [GNC] Item No.10 As none appears on behalf of the respondent-Election Commission, Mr.Mohammed, the learned Advocate who usually appears for the Administration is requested by the Court to appear in the matter on behalf of the Election Commissioner (UT), the respondent No.1.

The petitioner alleges that the respondent No.1 has not followed the Regulations, namely, the Andaman and Nicobar Islands Panchayat Regulations, 1994 as also the Notification of the Lieutenant Governor dated May 12, 2015 while reserving the seats for women to be appointed to the posts of Members and Pradhans of two different Gram Panchayats of Little Andaman Tehsil. The petitioner approached the Election Commissioner UT, but to no avail. Hence, this writ petition.

In the decision of State of Goa and another Vs. Fouziya Imtiaz Shaikh and another, reported in (2021) 8 SCC 401, the Hon'ble Apex Court held that the Election Commissioner is the overall in-charge of superintendence, direction and control in matters relating to preparation of electoral roll/allotment of seats, delimitation etc, in the conduct of election. It was held that any constitutional or statutory infraction by any authority including the State government, could be set right by the Election Commission. Relevant paragraph No.68.10 is quoted below:- "The result of this position is that it is the duty of the SEC to countermand illegal orders made by any authority including the State Government which delimit constituencies or allot seats to such constituencies, as is provided in Proposition 68.4 above. This may be done by the SEC either before or during the electoral process, bearing in mind its constitutional duty as delineated in the said proposition."

Under such circumstances, the writ petition is disposed of with the direction upon the Election Commissioner for the Union Territory of Andaman and Nicobar Islands, Port Blair to dispose of the representation of the petitioners dated April 8, 2021 in

accordance with law upon giving an opportunity of hearing to the petitioners or their representative, and any other interested party. A reasoned order shall be passed and communicated to the parties. The entire exercise shall be completed within a period of two months from the date of communication of this order.

This Court has not gone into the merits of the claims and counterclaims of the parties and the said authority shall decide the issues raised, in accordance with law. As no affidavits have been called for, the allegations against the respondents are deemed to be denied.

With the above observations, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)