ABDUR RAHIM BOXI Vs. SOUMITRA ROY

JUDGEMENT

(1.) Election for one seat in Malda Zilla Parishad in the State of West Bengal is under challenge. Two applications have been filed under Article 227 of the Constitution of India. One by the successful candidate and the other by the Block Development Officer, Ratua-I and election officer for the above constituency.

(2.) In the above election the Petitioner candidate won by a margin of only (sic) He belongs to the party R.S.P. The opposite party No. 1, in C.O. 3747 (sic) Soumitra Roy, is a Congress party candidate.

(3.) It is quite important at this stage to know the law. Article 243ZA of our constitution deals with elections to municipalities. Sub-Section 2 says that the legislature of a state may make law with regard to elections to municipalities. The West Bengal legislature has enacted the West Bengal Panchayat Election Act, 2003. The West Bengal Panchayat Election Rules 2006 were made in exercise of powers under the said Act.