Calcutta High Court (Appellete Side)
Juli Bibi & Ors vs The West Bengal State Election on 14 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
12
14.07.2023
agm/d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 16572 of 2023
Juli Bibi & Ors.
-versus
The West Bengal State Election
Commission & Ors.
Mr. Srijib Chakraborty,
Mr. Aditya Mondal.
...For the Petitioners.
Ms. Sonal Sinha,
Mr. Tarun Chatterjee,
Mr. Sujit Gupta,
Mr. Sayan Datta,
Mr. Soumen Chatterjee
...For the State Election Commission.
Mr. Lalit Mohan Mahata.
Mr. Rudranil De.
...For the State.
The petitioners are contesting candidates of the
Panchayat General Elections, 2023 in respect of the
constituency Maharajpur/XX-23 where a re-poll was
directed to be conducted.
On the date of the re-poll the Presiding Officer
allegedly gave a note to the effect that as soon as he
entered the booth, some unknown persons seized the
ballots and started sealing in their favour. Under life
threat he could not resist.
2
All the petitioners lodged a complaint before the
Presiding Officer on 11th July, 2023 immediately after
declaration of the results.
The petitioners submit that in view of the
recording by the Presiding Officer, a re-polling is
required to be conducted. There are chances that the
result of the poll may change, if the re-poll is
conducted.
Learned advocate appearing for the respondents
submits that the Presiding Officer is supposed to submit his observation in a sealed cover before the Panchayat Returning Officer. The note of the Presiding Officer is not meant to be disclosed to the contesting candidates.
It has been submitted that the petitioners have not disclosed in the writ petition as to how they got the copy of the Presiding Officer's diary.
Be that as it may, as a representation has been filed by the petitioners before the Presiding Officer, Ratua-II, and the decision to conduct fresh re-poll may be taken by the State Election Commission, accordingly, the State Election Commission is directed to enquire into the matter and file a report before this Court.
In the event the Board is constituted prior to any order being passed in the instant writ petition, the fate of the Board shall abide by the result of the present writ petition.
3The point of maintainability as raised by the respondents is kept open to be decided at the time of final hearing of the writ petition.
Learned advocate for the petitioner is directed to forward copy of all the annexures including the complaint lodged before the Presiding Officer, Ratua-II to the State Election Commission at the time of communicating the order of the Court.
Let the matter appear in the list on 27th July, 2023.
( Amrita Sinha, J.)