Calcutta High Court (Appellete Side)
Ayesa Julekha vs The West Bengal State on 7 August, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
25
07.08.2023
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 17638 of 2023
Ayesa Julekha
-versus
The West Bengal State
Election Commission Ors.
Mr. Koustav Bagchi,
Mr. Debayan Ghosh,
Ms. Priti Kar.
...For the Petitioner.
Mr. Imtiaz Kabir.
...For the Respondent No.6.
Ms. Sonal Sinha, Mr. Tarun Kumar Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee.
...For the State Election Commission.
The petitioner contested the Panchayat General Elections, 2023.
It has been submitted that several ballot papers were retrieved from a water body and were seized by the police on 18th July, 2023 by preparing a seizure list.
The petitioner submits that there are several other ballot papers which were later recovered from the water body. A bundle of ballot papers completely soaked in water is produced in Court.
2The petitioner is directed to deposit the recovered ballot papers with the local police station without any further delay.
The police is directed to seize the ballot papers by issuing a proper seizure list.
The petitioner prays for re-polling and recounting in respect of the booths as mentioned in the representation dated 19th July, 2023.
Learned advocate appearing for the returned candidate submits that the details mentioned in the representation filed by the petitioner are incorrect.
Learned advocate appearing for the petitioner seeks time to take further instruction in the matter.
Let the matter appear in the monthly Combined List of September 2023.
Leave is granted to the learned advocate appearing for the petitioner to implead the State respondents and its functionaries as party respondents in the instant writ petition and serve copy of the writ petition upon the added respondents.
In the meantime the police shall enquire the issue of the ballot papers handed over by the petitioner and file a report before this Court on the adjourned date.
Any steps taken during pendency of the writ petition including convening the meeting and assumption of charge shall abide by the result of the writ petition.
3The Panchayat Returning Officer is directed to properly preserve the CCTV/Video footages and the ballot papers and to produce the same as and when called for.
( Amrita Sinha, J.)