Bibhuti Bhusan Mahato vs The State Of West Bengal & Ors
2021 Latest Caselaw 1934 Cal

12/03/2021
Unlisted
Court No.1.

                           Through Video Conference

                                  AST 21 OF 2021

                            Bibhuti Bhusan Mahato
                                        Vs
                        The State of West Bengal & Ors.



                    Mr. Nilanjan Bhattacharya
                    Ms. Jonaki Saha
                                      ....... For the petitioner



                    Mr. Dipayan Chowdhury
                    Mr. S. Chowdhury
                    Mr. Souma Bhattacharya
                    Ms. Priyanka Chowdhury
                                      ....... For the Respondent Nos. 6 & 7

This matter was mentioned before us in view of

the fact that MAT 366 of 2021 was being considered

on the same issue. This writ petition is filed by one

who had submitted nomination for the election to the

Legislative Assembly. Judicial review of the alleged

rejection of the nomination is sought for. In terms of

the decision rendered today by us in Chief Election

Commissioner & Ors. Vs. Ujjwal Kumar & Anr. In MAT

366 of 2021 making reference to the decisions of the

Hon'ble Supreme Court of India in judgments

Mohindar Singh Gill and another vs. The Chief Election

Commissioner, New Delhi & others (1978) 1 SCC 405,

Election Commission of India Vs. Ashok Kumar &

others, (2000) 8 SCC 216, N.P. Ponnuswami Vs.

Returning Officer, Namakkal Constituency, Namakkal,

Salem Dist. & others reported as AIR 1952 SC 64 and

Manda Jaganath Vs. K.S. Rathnam and others reported

in (2004) 7 SCC 492, we see no grounds to entertain

the writ petition challenging the rejection of

nomination paper.

Writ petition is dismissed.

(Thottathil B. Radhakrishnan, C.J.)

(Aniruddha Roy, J.)