Calcutta High Court (Appellete Side)
Susmita Mondal & Ors vs The State Of West Bengal & Ors on 7 March, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1
th March,
2014
(SKB)
W.P. 6429 (W) of 2014
Susmita Mondal & Ors.
Versus
The State of West Bengal & Ors.
Mr. Uday Sankar Chatterjee,
Mr. Suman Sankar Chatterjee
....for the petitioners.
Mr. Anami Sikdar,
Mr. Mirza kamruddin
...for the State.
Mr. Monish Sen
....for respondent nos. 4 & 5.
Affidavit of service filed in Court today be kept in records. Learned Counsel appearing for the writ petitioners submits that they are the elected members of the Students' Union. He submits that on 30th January, 2014 office bearer election was scheduled to be held in the college but some miscreants prevented the writ petitioners to participate in the election process. He also submits that in a free democracy every elected candidate has right to participate in the election of office bearer. It was further submitted that on that day no election was held. He also submits FIR was lodged in the concerned police station but no step was taken.
Mr. Sikdar, learned Counsel appearing for the State, submits that the statements are not correct. He submits that election took place and out of twenty-three elected members ten have come before this Court. Therefore, he submits, the writ petition should not be entertained.
Learned Counsel appearing for the College authorities submits that this has to be investigated by the Vice-Chancellor of the concerned university.
Heard the Counsel appearing for the parties and considered the submissions made by them.
2It is now settled that in a democratic process everyone has a right to participate. Under no circumstances one could be or should be prevented from participation in the process. In case there is any illegality or disturbing situation to hold free and fair election, that should not be allowed for the interest of the society and the country also.
In my view, the entire matter should be investigated by the District Magistrate, Burdwan. The District Magistrate, Burdwan, is also directed to enquire whether the writ petitioners were prevented to participate in the election process and whether election was held in a free and fair manner in the College on that day. He shall submit a report before this Court within four weeks from the date of communication of this order.
Let this matter appear under the same heading after five weeks. Let a plain copy of this order, duly countersigned by the Assistant Registrar(Court), be given to the learned Counsel for the parties on usual undertakings.
(Ashoke Kumar Dasadhikari, J.)