Calcutta High Court (Appellete Side)
Nazia Ali Fatema vs The State Of West Bengal & Ors on 24 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
SL 08
24.07.2023
AGM
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 16926 of 2023
Nazia Ali Fatema
-versus
The State of West Bengal & Ors.
Mr. S. P. Lahiri
Mr. Habibur Rahaman
...For the Petitioner.
Ms. Sonal Sinha
Mr. Tarun Kumar Chatterjee
Mr. Sujit Gupta
Mr. Sayan Datta
Mr. Soumen Chatterjee
...For the Election Commissioenr.
Mr. Sirsanya Bandopadhyay
... For the State.
The matter relates to the Panchayat General
Elections, 2023 in respect of the Uttar Dinajpur Zilla
Parishad, Goalpokher - II/ ZP-10 constituency in
respect of seat nos. 10 and 11.
The petitioner alleges that booth capturing,
violence and manipulation of votes in respect of several
booths. Complaint was lodged on the date of the
election before the Election Commissioner. There is no
response till date.
The petitioner refers to a complaint lodged by the
Panchayat Returning Officer and the BDO, Goalpokher
- II Block on 11th July, 2023 addressed to the
Inspector-in-Charge, Chakulia Police Station regarding
lodging of FIR for unlawful activity in election counting.
2
As it appears that the Panchayat Returning
Officer and the BDO lodged complaint before the police
that attempt was made to destroy the ballot papers
during the counting process, accordingly, let a report
by way of affidavit be filed before this Court by the
Commission after enquiring into the allegations made
in the complaint filed by the petitioner within 16 th of
August, 2023.
Matter is made returnable on 23rd of August,
2023.
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.
Leave is granted to the learned advocate on
record of the petitioner to implead the concerned SDO
as party respondent in the instant writ petition.
The issue of maintainability as raised by the respondent is kept pending to be decided at the time of final hearing of the writ petition.
Affidavit of service filed in Court today be kept with the records.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)