Calcutta High Court (Appellete Side)
Muktar Sekh & Ors vs The State Of West Bengal & Ors on 31 January, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1 31.01.2014
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 Mr. Mrinal Ranjan Pramanick ... For the petitioners Mr. Sadhan Roy Chowdhury Mr. Aniruddha Sen ... For the State Mr. Bhattacharya, learned Senior Counsel appearing for the writ petitioners submits that during students' union election the students who are willing to contest the election were not allowed to file their nomination papers. He has shown the video clipping before this Court. It appears that the concerned B.D.O. with folded hands was asking the violent mob of the students to allow the interested students of that college to file their nomination papers. But the unruly mob of students did not allow the other students to file nomination papers and shouted (from the video clip) "ja paren korenin" (do whatever you like).
Mr. Bhattacharya submits that at the time of 2 holding election proper procedure should be followed. Everybody has a right to participate in the election process. In a free democracy although right of participating in election is a statutory right, the unruly students cannot obstruct such exercise by the eligible voters and/or contestants. He submits these are basics of holding election in a free democracy. He further submits that the election, which was held, should be cancelled and a direction should be given for holding fresh election.
Mr. Roychowdhury, learned Counsel appearing for the State submits that let there be an enquiry. In case it is found that the statements made in the writ petition and allegations are correct, in that event, this Court may direct for holding fresh election.
I have carefully considered the submissions of the learned Counsel appearing for the parties. I am of the view that election should be conducted in a fair and proper manner as per Regulation. There is no scope for violence nor there is any scope for using any force in holding such election. In a democratic process everyone has a right to contest. Nobody can prevent this exercise either by force or otherwise.
Accordingly, I direct the District Magistrate of Nadia 3 to investigate into the matter and to submit a report whether election was held in a free and fair manner, allowing the intending candidates to file their nomination papers. Such report should be submitted in a sealed cover by the concerned District Magistrate on the next date of hearing on the basis of communication to be made by the learned Advocate appearing for the State.
The learned Advocate-on-record for the petitioner is directed to serve a copy of the writ petition along with Compact Disc to the concerned District Magistrate.
Let the matter appear in the list on 17th February, 2014.
Let photostat plain copy of this order duly counter- signed by the Assistant Registrar (Court) be handed over to the learned Advocates for the appearing parties on usual undertaking.
,,, (Ashoke Kumar Dasadhikari, J.)