Calcutta High Court (Appellete Side)
Rasmina Khatun & Anr vs The Secretary Of West Bengal Election ... on 24 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
SL 06
24.07.2023
AGM
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 16742 of 2023
Rasmina Khatun & Anr.
-versus
The Secretary of West Bengal Election Commission
& Ors.
Mr. Sandipan Das
Mr. Subhrajit Saha
...For the Petitioners.
Ms. Sonal Sinha
Mr. Tarun Kumar Chatterjee
Mr. Sujit Gupta
Mr. Sayan Datta
Mr. Soumen Chatterjee
...For the Election Commissioenr.
Mr. Billadal Bhattacharya
Mr. Sovon Mukherjee
... For the Union of India.
Mr. Amajit De
Mr. A. Ganguly
... For the respondent no. 17.
Mr. Lalit Mohan Mahato Mr. Ziaul Haque ... For the State.
The petitioners contested the Panchayat General Elections, 2023 and lost.
Petitioners allege that the husband of the returned candidate is a member of the police force and he was responsible for manipulating the votes. There are several allegations against the husband of the returned candidate.
The petitioners allege that booth capturing took place and none were permitted to cast their votes. The 2 petitioners made representation before the State Election Commission but the same is yet to be considered and disposed of.
Without going into the merits of the allegations of the petitioners, as it appears that a representation is pending consideration before the State Election Commission, accordingly, the instant writ petition is disposed of by directing State Election Commission to consider and dispose of the representation filed by the petitioners in accordance with law at the earliest but positively within a period of ten days from the date of communication of this order.
A reasoned order shall be passed and communicated to the petitioners immediately thereafter.
The CCTV/Video footages and the ballot papers in respect of the concerned constituency shall be properly preserved and be produced before the Court as and when directed.
Learned advocate for the petitioners is directed to forward a copy of the representation dated 12 th July, 2023 seeking consideration along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court.
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.)