Sanjay Das & Ors vs The West Bengal State Election ...
2021 Latest Caselaw 503 Cal/2

OD-1
                              ORDER SHEET

                           IA No. GA 1 of 2021
                                   In
                           WPO No. 95 of 2020

                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                           ORIGINAL SIDE


                      SANJAY DAS & ORS.
                            Versus
       THE WEST BENGAL STATE ELECTION COMMISSION & ORS.


  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR
  Date : 9th August, 2021.

  [Via video conference]

                                                               Appearance :
                                               Mr. Anjan Bhattacharya, Adv.
                                                       Ms. Anita Shaw, Adv.
                                                         For the Petitioners.

                                  Mr. Amitesh Banerjee, Sr. Standing Counsel
                                                       Mr. Tarak Karan, Adv.
                                                 For the State Respondents.

Ms. Sonal Sinha, Adv.

For the West Bengal State Election Commission.

The Court:- Point of maintainability is kept open.

The petitioners are aggrieved by an order passed by the Prescribed

Authority and District Municipal Election Officer dated February 6, 2020

thereby rejecting the contention of the petitioners that Ward No. 129

should not be reserved for women in the elections to be held for the

Kolkata Municipal Corporation.

Ms. Sinha, learned Advocate appearing for the West Bengal State

Election Commission, raised the point of maintainability. A judgment

passed by another co-ordinate Bench of this Court in the matter of Sk.

Maison & Ors.-Versus-The State of West Bengal & Ors., reported in

2009 (1) CLJ (Cal) 33, is being relied upon. A similar view was taken by

another co-ordinate Bench of this Court in the matter of Sri Manas

Maity-Versus-State of West Bengal & Ors. (In Re: WP No. 7133 of

2013).

Ms. Sinha submits that the petitioners have, in effect, raised an

election dispute which should be decided in terms of the provisions of

Chapter-VIII of the West Bengal Municipal Elections Act, 1994.

Affidavit-in-opposition be filed within four weeks from date.

Affidavit-in-Reply thereto, if any, be filed within two weeks thereafter.

Liberty to mention.

                                                   (SHAMPA    SARKAR, J.)



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