Calcutta High Court (Appellete Side)
Roup Ali Shah vs The State Of West Bengal & Ors on 21 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
SL 73
21.07.2023
AGM
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 17037 of 2023
Roup Ali Shah
-versus
The State of West Bengal & Ors.
Mr. Shamim Ahamed
Ms. Saloni Bhattacharya
...For the Petitioner.
Mr. Santanu Kumar Mitra
Ms. Rama Halder ... For the State.
The petitioner contested the Panchayat General
Elections, 2023.
He raises serious issues with regard to booth
capturing, violence and threat to his security.
Complaint was lodged before the respondent
authorities but none have been answered.
The petitioner has annexed the blank Form 18 in respect of Basuldanga-XIX-20 Gram Panchayat from the D.H. 1 constituency, 71, Moruiberia, Free Primary School.
It has been submitted that the petitioner is still under life threat and the police is not giving any security despite requests made.
On the contrary, the police have issued notice under Section 160 of the Cr.P.C. without registering a formal case.
2Learned advocate representing the State respondents opposes the submissions and prayer made by the petitioner.
It has been submitted that the filled up Form 18 has been forwarded by the Panchayat Returning Officer. The petitioner could not have obtained the blank Form 18.
The petitioner has also produced before this Court several used ballot papers in original not signed by the Presiding Officer in the reverse.
The ballot papers are kept in a sealed cover in the custody of the Registrar General of this Court.
Leave is granted to the petitioner to file supplementary affidavit annexing documents which arose subsequent to the filing of the writ petition.
The Panchayat Returning Officer and the State Election Commission are directed to file report by way of affidavit dealing with the contention of the petitioner in the writ petition by 11th August, 2023.
Matter is made returnable on 18th August, 2023. The Superintendent of Police, Diamond Harbour Police District is directed to ensure that there is no threat of life and liberty of the petitioner.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)