Calcutta High Court (Appellete Side)
Ismail Mondal & Ors vs State Of West Bengal & Ors on 3 October, 2024
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
Sl. No.14
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
And
The Hon'ble Justice Gaurang Kanth
MAT 240 of 2024
(CAN 1 of 2024)
Ismail Mondal & Ors.
-Vs-
State of West Bengal & Ors.
For the Appellant : Mr. Uday Sankar Chattopadhyay, Adv.,
Mr. Rajashree Tah, Adv.,
Ms. Trisha Rakshit, Adv.,
Ms. Aishwarya Datta, Adv.,
Ms. Bidisha Chakraborty, Adv.,
Mr. Mahammed Reajul, Adv.
For the State : Mr. Lalit Mohan Mahata, AGP,
Mr. Gagabandhu Roy, Adv.
For State Election
Commissioner : Ms. Sonali Sinha, Adv.,
Ms. Shabnam Farooqui, Adv.
Heard on : 03.10.2024
Judgment on : 03.10.2024
Joymalya Bagchi, J. :-
1. Appellants had contested the Gram Panchayat Election held in
2023 for various Sansads in Beraberi Gram Panchayat. It is
pleaded in the writ petition during counting process held on 11th
July, 2023, scuffling occurred at various tables. As a result,
representatives of the appellants and other candidates left the spot.
This had polluted the democratic process and infracted the
2
fundamental right of the appellants to free and fair election.
Accordingly, appellants prayed for cancellation of the election to
Sansad No.IX-11, corresponding to Booth No.61 and Serial No.11,
Sansad No.VIII-10, corresponding to Booth No.62 and Serial No.10,
Sansad No.XIV-16, corresponding to No.56 and Serial No.16, and
Sansad No.XIII-15, corresponding to Booth No.57 and Serial No.15
of Beraberi Gram Panchayat
2. Mr. Chatterjee for appellants contend videography produced before
the Hon'ble Single Judge clearly depicts unruly behaviour which
compelled the representatives of the appellants to desert the
counting hall. Counting proceeded behind their back. Accordingly,
he prays for fresh election.
3. Learned Advocates for Election Commissioner and State submit
appellants ought to have availed the alternative remedy and filed an
election petition under Section 79 of the West Bengal Panchayat Act
before the competent Civil Court.
4. We have considered the rival versions of the parties. Free and fair
election is a basic structure of the Constitution. It is incumbent
upon respondent-State Election Commission to see there is a level
playing field for all candidates and free and fair election is thereby
ensured. Materials on record show scuffling and violence during
counting. It is contended videograph produced before the Hon'ble
Single Judge demonstrates representatives of some of the
candidates left the counting hall. Whether these unsavory incidents
had impacted the counting and interfered with the election process
are disputed questions of fact which require to be tried on evidence.
Appellants did not invoke the more efficacious alternative remedy
and challenge the election process through an election petition
before the competent Civil Court.
5. Under such circumstances, we do not find any error in the
impugned order wherein the Hon'ble Single Judge was not
convinced that an egregious case of the highest order is made out
where the writ Court may interdict the election process and direct
re-election.
6. Accordingly, we are not inclined to interfere with the impugned
order.
7. Accordingly, appeal is dismissed.
8. Consequently, connected application is also dismissed.
9. There shall be no order as to costs.
10. Photostat certified copy of this judgment, if applied for, be given to
the parties on compliance of all formalities.
I agree.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
as
