Writ petition allowed directing State Election Commission, West Bengal to decide petitioner's dispute arising from a complaint submitted, following service of the writ on them.
Directed State Election Commission, West Bengal to decide the petitioner's complaint given in Annexure P/8 upon hearing all concerned within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
AD-07 Ct No.09 22.08.2022 TN
WPA No. 6250 of 2022
Sanjay Kumar Pandey Vs.
The District Magistrate, Hooghly and others
Mr. Dwaipayan Banerjee, Mr. Piyush Chowdhury, Mr. Jayesh Kumar Choradia, Mr. Abir Das
…. for the petitioner
Mr. Anuran Samanta
…. for the Election Commission of India
Despite service, none appears for the
respondent-authorities.
Affidavit-of-service filed in court today be kept on record.
Learned counsel appearing for the Election Commission of India submits that although the said Commission is not a party to the present writ petition, a copy of the writ petition has been served on them.
It transpires from the affidavit-of-service that the State Election Commission, West Bengal, was served at its address as given in the cause title.
In any event, in view of the innocuous nature of the prayer made, further service is not directed.
The petitioner has made complaints before the respondent-authorities as annexed to the present writ
2
petition. The substantive complaint containing the crux of the matter is annexed at page-61 of the writ petition (Annexure P/8). Hence, it would suffice if the State Commission is directed to decide the complaint of the petitioner at the earliest.
Accordingly, WPA No. 6250 of 2022 is disposed of by directing the respondent no.4, the State Election Commission, West Bengal to decide on the dispute raised by the petitioner by way of his complaint annexed at page-61 of the present writ petition upon hearing the petitioner and all others concerned in accordance with law, as expeditiously as possible, preferably within six weeks from service of notice of this order on the respondent no.4. The petitioner shall serve a server copy of the order with a covering letter of the learned Advocate for the petitioner on the respondent no.4 immediately to ensure due compliance with this direction.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)
1 issue framed by the court
Whether the State Election Commission, West Bengal must decide the petitioner's complaint after being served with the writ petition.
Sanjay Kumar Pandey
The District Magistrate, Hooghly
State Election Commission, West Bengal
Sabyasachi Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
