SUJAY SIKDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept on record.

(2.) The writ Petitioner has filed the instant petition challenging inter alia, the provisions of Rules 35 and 37 of the West Bengal Primary Education (Conduct of Election to the Primary School Councils) Rules, 1981, (hereinafter referred to as the 'Rules'), as being ultra vires the provisions of Articles 14 and 21 of the Constitution of India.

(3.) The writ Petitioner is a primary teacher in a Government run primary school whose name is included in the electoral role for election of the Kolkata Primary School Council. According to the writ Petitioner the provisions of Rule 35 of the said Rules take away an elector's right of maintaining secrecy and thereby privacy with regard to his choice of candidates and his votes. Likewise, the writ Petitioner has challenged the Rule 37 of the Rules, stating that the provisions contained therein also take away the elector's right of maintaining secrecy and thereby privacy regarding his choice of candidates and his votes.