The State Of West Bengal & Ors vs Jiyarul Molla & Anr
2023 Latest Caselaw 4077 Cal

Dd   05   04.07.2023

                                       MAT 1192 of 2023
                                             with
                                    I.A NO: CAN 1 of 2023

                              The State of West Bengal & Ors.
                                             Vs.
                                    Jiyarul Molla & Anr.


                       Mr. Kalyan Kumar Bandopadhyay, Ld. Sr. Adv.
                       Mr. Lalit Mahato,
                       Mr. Sirsanya Bandopadhyay, JSC
                       Mr. Arka Kr. Nag, Advocates
                                     ... ... For the Appellants/State

                       Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.
                       Mr. Firdous Samim,
                       Ms. Gopa Biswas,
                       Ms. Mousumi Hazra,
                       Ms. Payel Shome,
                       Mr. Sampriti Saha, Advocates
                                ... For the Writ petitioner/Respondent

Mr. Kishore Datta, Sr. Adv.

Mr. Sonal Sinha, Ms. Sumita Shaw, Mr. Tarun Kr. Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee, Advocates ... ...State Election Commission

The appeal is directed against the judgment and order dated June 26, 2023 passed in WPA 14915 of 2023.

The appeal was heard yesterday. The Court was informed that, the co-ordinate Bench pronounced a judgment yesterday, that is, July 3, 2023 in respect of similar issues involved in the present appeal.

Learned senior advocate appearing for the respondent/writ petitioner submits that the appeal should be heard on merits.

Learned senior advocate appearing for the appellants submits that, the direction contained in the impugned judgment and order dated June 26, 2023 be stayed till disposal of the appeal.

Learned senior advocate appearing for the respondent/writ petitioner submits that, there is no need for the direction contained in the order to be stayed. In any event, he submits that his clients undertaking that no contempt petition will be filed may be placed on record.

The co-ordinate Bench delivered a judgment dated July 3, 2023 holding that a writ petition in respect of the Panchayat Election was not maintainable.

We perused the impugned judgment and order dated June 26, 2023. We find that, the impugned judgment and order requires the State Election Commission to verify each and every allegation separately and if it appears to the Commission that the names of the intending candidates were wrongly removed from the list of contesting candidates, then steps should be taken by the Commission positively by June 28, 2023 to redress the issue and make sure that the validly nominated candidates are able to contest the election.

In the facts and circumstances of the present case, it would be appropriate to stay the impugned judgment and order dated June 26, 2023 till the disposal of the appeal.

Informal paper books be filed by the appellants within a fortnight from date.

I.A NO: CAN 1 of 2023 is disposed of accordingly. List the appeal before the appropriate Court.

(Debangsu Basak, J.)

(Rai Chattopadhyay, J.)