WEST BENGAL STATE ELECTION COMMISSION Vs. JYOTSNA ROY

JUDGEMENT

(1.) Appellant-West Bengal State Election Commission has assailed order dtd. 14/8/2023 whereby the learned Single Judge held the constitutional bar under Article 243-O of the Constitution of India as well as Sec. 80 of the West Bengal Panchayat Elections Act, 2003 (hereinafter referred to as "Act of 2003') do not apply and the writ petition is maintainable.

(2.) The factual matrix giving rise to the appeal is as follows :-

(3.) The writ petitioner/respondent no.1 herein is an unsuccessful candidate in the Panchayat election held in the year 2023. He has alleged there was widespread manipulation and tampering of ballot papers, removal of ballot papers and issuance of fake identity cards in favour of a political party viz. All India Trinamool Congress (AITC) enabling tampering of ballots in the strong room/counting centre. Alleging these facts the writ petitioner/respondent no.1 herein approached the writ court praying for the following reliefs :-