Calcutta High Court (Appellete Side)
Anwar Hussain & Anr vs The State Of West Bengal & Ors on 17 January, 2018
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
17.01.2018
S.L.-10 (KB)
W.P. 366 (W) of 2018
Anwar Hussain & Anr.
Versus
The State of West Bengal & Ors.
Mr. P. S. Deb Barman
Md. M. Nazar Chowdhury
... For the Petitioners.
Mr. Kishore Datta
Mr. Sirsanya Bandyopadhyay
Mr. Parikshit Goswami
... For the State-respondents.
Parties/Parties are represented in the order of their name/names as printed above in the cause title.
Mr. Deb Barman, Learned Counsel appears for the petitioners. The primary point in this writ petition relates to the disposal of the objection raised by the writ petitioner and others connected to the reservation of Panjipara Gram Panchayat under Goalpokher-I Block of Uttar Dinajpur District under the Scheduled Tribe Category.
Mr. Deb Barman essentially highlights two facts connected to the reservation order dated the 12th of December, 2017 of the District Magistrate and District Panchayat cum Election Officer (DPEO)/The Respondent No.3 to this writ petition.
2The facts can be summarised as follows:-
(a) That the DM and DPEO has provided the rationale for the reservation as follows:
"Checked all the calculation and found that the seat has reserved as per Roster and considering the data used in Panchayat General election 2013."
b) That from the roster of reservation as evident from the 1st schedule of the Panchayat Election Rules (2006 Rules) Panjipara GP Seat No. 22 does not qualify.
c) The Panjipara GPF Seat No.22 has been mentioned for reservation in the first term of General Election which, Mr. Deb Barman submits, was held in 2008. Again it does not feature in the 2nd term of General Election held in 2013 and, also does not feature in the 3rd term of General Election to be held now in 2018.
d) The next limb of the rationale furnished by the DM and DPEO vide the order dated 12th December, 2017 (supra) makes mention of the consideration of the data used in the Panchayat General election, 2013. Such data has not been either clarified or elaborated.
From the recording of facts at Paragraphs (a) to
(d) above, it would be prima facie that the data used for the Panchayat General Election, 2013 as per Roster 3 could not be repeated for reservation purpose in the General Election of 2018.
The State-respondents are therefore granted the opportunity to respond to Paragraphs (a) to (d) above on the next date.
This Court is informed that a Report has also been called for from the DPEO and DM in W.P.571 (W) of 2018, a connected petition.
Accordingly, let both the matters appear for conjoint consideration under the same heading "Mentioned Matters" at the top in the Combined Monthly List of February, 2018.
Affidavit of Service filed today be retained with the record.
(Subrata Talukdar, J.)