Ab vs Election Commission Of India & ...
2022 Latest Caselaw 1491 Cal

3   25.03.                       WPA (P) 214 of 2021
    2022
                    The Chairperson, West Bengal Commission for
    Ct. No. 04                Protection of Child Rights
       Ab
                                            Vs.
                       Election Commission of India & Others.
                                       ---------------

Ms. Aparna Bhat, Mr. Debasish Banerjee, Mr. Suvonil Chakraborty.

... for the petitioner.

Mr. Arvind Dattar, Mr. Sidhant Kumar, Ms. Manya Chandok, Mr. Anuran Samanta.

... for the E.C.I.

Mr. Arvind Dattar, learned Senior Advocate appearing on behalf of the Election Commission of India, opened the argument raising a plea of demur that the writ petition at the behest of the West Bengal Commission for Protection of Child Rights is not maintainable unless the mandatory requirement envisaged under Sections 13, 14 and 15 of the Act are exhausted and/or complied with. It is further submitted that the Election Commission being a regulatory body cannot be subjected to the payment of compensation nor the writ petition claiming simplicitor compensation in absence of any corroborative evidence is maintainable. He relies upon a judgment of the Supreme Court rendered in case of Reepak Kansal vs. Union of India & Ors., reported in (2021) 9 SCC 251. Ms. Aparna Bhatt, learned Advocate appearing on behalf of the petitioner, submits that the instant writ petition has been filed by the Chairperson of the West Bengal Commission for Protection of Child Rights in her individual capacity and shall not be considered to have been filed by the Commission so as to attract the rigor of Sections 13, 14 & 15 of the said Act. She further submits that there are plethora of judgments concerning the payment of compensation by the State or its

instrumentalities or even the local bodies, who are the State, within the meaning of Article 12 of the Constitution of India and, therefore, the Election Commission cannot claim any immunity therefrom being the State. She further submits that the entire issue pertains to the protection of children and their rights and if by an act of the Election Commission they have suffered, there is no impediment on the part of the Court in entertaining such writ petition. The argument is complete. We feel that the point of demur taken by Mr. Dattar is required to be addressed first before we embark our journey on the merit of the issue raised in the instant writ petition. Let this matter be listed on 22nd April, 2022.

(Harish Tandon, J.)

(Soumen Sen, J.)