Calcutta High Court (Appellete Side)
Muktar Sekh & Ors vs The State Of West Bengal & Ors on 19 February, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
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19.02.2014 W.P. 2702(W) of 2014
ss
Muktar Sekh & ors.
Vs.
The State of West Bengal & ors.
Mr. Bikash Ranjan Bhattacharya
Mr. Samim Ahammed
Mr. Arnab Sinha
Ms. Meenakshi Mandal
Mr. Vishak Bhattacharya
Mr. Agnibesh Roy
Mr. Mrinal Ranjan Pramanick
... For the petitioners
Mr. Sadhan Roy Chowdhury
Mr. Aniruddha Sen
... For the State
On 31st January, 2014 Mr. Bhattacharya, learned
Senior Counsel appearing for the writ petitioners
submitted that on the scheduled date of election there
was total chaos. There was fighting between two factions
of students, many of them were armed with lathi, bamboo
sticks etc. They were in furious mood and pelted stones.
Mr. Bhattacharya submitted there was no election.
There was no contest either. He made a prayer that the
election should be cancelled and a fresh election should
be held in presence of the District Magistrate with
sufficient police force and with sufficient measures so that
the students of the college can participate in the students'
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union election.
However, Mr. Roychowdhury, learned Counsel for
the State submitted let there be a direction upon the
District Magistrate, Nadia to investigate into the matter
and to submit a report whether election was held in a free
and fair manner and allowing intending candidates to file
their nomination papers.
On the prayer of Mr. Roychowdhury this Court
directed the District Magistrate, Nadia to investigate into
the matter and to submit a report whether election was
held in a free and fair manner, allowing intending
candidates to file their nomination papers. Such report
was directed to be submitted in a sealed cover.
Today, matter was taken up and Mr. Roychowdhury
produced the report in a sealed cover. Sealed cover of the
report was opened before this Court and the report
submitted by the concerned District Magistrate was
considered. It appears from the report that there was no
contest in the election. There was chaos and two factions
of students, many of them were armed with lathi, bamboo
sticks etc. They were in furious mood and pelted stones.
The concerned authorities could not take appropriate step
because there were large number of girl students.
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Although police was deployed at the college campus but
police could not control the mob and the fighting
students. It is also evident from the report that students
formed two regimented groups were fighting with each
other outside the college campus.
Mr. Bhattacharya in reply submits that the report
submitted by the District Magistrate, Nadia clearly
indicates that students' union election was not held
properly. Nomination papers were not filed and students
were not allowed to participate in the election process.
Mr. Bhattacharya submits that by filing affidavits
the respondents cannot improve the situation. The report
submitted by the District Magistrate, Nadia is very clear and specific wherein it was pointed out that there was no election.
Mr. Bhattacharya submits on the basis of the report this Court should cancel the election and direct the Principal of the concerned college being the ex-officio Chairman of the Election Commission of that college pertaining to Students' union election to re-schedule the election process starting from the stage of filing nomination, scrutiny, withdrawal and also fixation of date for holding election and also hold election in fair manner. 4
I have considered the submissions made by the learned Counsel appearing for the parties. I have also considered the report submitted by the District Magistrate, Nadia. It is evident from the report that there was no proper election. There was no contest. It was also pointed out that appropriate step and harsh measures could not be taken against the erring students since there was large number of girl students.
In my view, no proper election was held in the concerned college. Therefore, on the basis of the report submitted by the District Magistrate, Nadia the entire election process including the result published are cancelled. The Principal of the concerned college being the ex-officio Chairman of the Election Commission of that college is directed to re-schedule the election starting from the date of filing nomination papers etc. and to hold the election with police help. On the date of filing nomination papers the Officer in Charge of the concerned police station is directed to be present and to take stringent steps if there is criminal activity or any disturbance strictly in accordance with law. The college authorities are directed to scrutinise and finalise the list of contesting candidates. The Superintendent of Police, Nadia and the 5 District Magistrate, Nadia is directed to be present on the election date with sufficient police force including lady police and to take steps against the erring students or any outsider or insider if create any disturbance or carry out any criminal activities. The police is directed to take strict step against the erring people or the students.
The election held pursuant to notice dated 11th January, 2014 is, thus, cancelled.
The writ petition is, thus, disposed of. There would be no order as to costs.
(Ashoke Kumar Dasadhikari, J.)