Calcutta High Court (Appellete Side)
Sk. Asadur Rahaman vs The Secretary Of West Bengal Election ... on 19 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
42 IN THE HIGH COURT AT CALCUTTA
19.07.2023 CONSTITUTIONAL WRIT JURISDICTION
sb
Ct 24 APPELLATE SIDE
WPA 16892 of 2023
Sk. Asadur Rahaman
Vs.
The Secretary of West Bengal Election Commission & Ors.
Mr. Sabyasachi Chatterjee
Mr. Imtiaz Ahamed
Mr. Omar Faruk Gazi
Mr. Sayan Banerjee
Mr. Sandipan Das
Mr. Badrul Karim
Mr. Subhajit Saha
Mr. Kiron Sk
... For the petitioner.
Ms. Sonal Sinha
Mr. Tarun Kumar Chatterjee
Mr. Sujit Gupta
Mr. Sayan Datta
Mr. Soumen Chatterjee
... For the Election Commission.
Mr. Lalit Mohan Mahata
Mr. Ziaul Haque
... For the State.
Mr. Billwadal Bhattacharya
Mr. Ayanabha Raha
... For Union of India
Mr. Anuran Samanta
... For the respondent no.3.
The petitioner contested the Panchayat General Elections, 2023 from Panchla Bidhansava, Banaharishpurgram Panchayat.
The allegation is that on the date of election none of the voters could cast their votes after 9 a.m. The entire poll was completed within 9 a.m. After 12 noon, the Presiding Officer and other election officials deputed in the polling booth packed up all the ballot papers and boxes and went to the strong room. No signature and seal of the polling agent 2 of the petitioner was made at the time of sealing the ballot boxes.
Complaint was lodged before the Block Development Officer and the State Election Commission on 11th July, 2023. The same has not been considered.
The allegation is that there has been severe malpractice, booth capturing at the time of the poll and the Block Development Officer was in collusion with the supporters of the ruling dispensation.
The Block Development Officer and the State Election Commission are directed to file report by way of affidavit dealing with the contention of the petitioner. The Presiding Officer's Diary, Forms 18, 21 and 22 shall be annexed with the report.
The report shall be filed by 4th August, 2023. The Commission is directed to preserve the CCTV/video footages and the ballot papers of the candidates.
List this matter on 14th August, 2023.
(Amrita Sinha, J.)