ABDUL KAFIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Although, there were some factual differences in the two writ petitions, but as a common challenge had been thrown to the manner in which the District Panchayat Election Officer had proceeded with the discharge of his functions under rule 22 of the West Bengal Panchayat Election Rules, 2006 (for short Election Rules) and had issued the final notification in Form A1 of the Election Rules, the petitions were heard together.

(2.) All factual and legal aspects raised by the petitioners in the two writ petitions have been dealt with in this judgment and disposed of analogously.

(3.) WPA 27716 of 2022 was filed by a resident and a voter of the Domohana-XXII constituency, under the Domohana Gram Panchayat. He was aggrieved by the merger of two polling stations into one constituency. Challenging the draft notification dated October 19, 2022, the petitioner filed an objection before the District Panchayat Election Officer. A specific objection was raised to the effect that while in all other constituencies, one seat per 700 to 800 voters had been allowed in the said gram panchayat, but in case of Domohana-XXII, 94 Magnavita FPS having 816 voters and 95 Magnavita having 768 voters were clubbed together and one seat was allotted for 1584 voters. Such indiscriminate and arbitrary clubbing of the two polling stations into one, was contrary to the West Bengal Panchayat Act, 1973 (for short Panchayat Act) read with West Bengal Panchayat Elections Act, 2003 (for short the Elections Act) and the rules framed thereunder. A comparison was drawn between Dakshin Kochra FPS and Madhya Kochra SSK which were delimited into two separate constituencies, i.e., Domohana-XI and Domohana-XII. Similarly, 89 Dangi FPS Room No.1 and 90 Dangi FPS Room No.2 were delimited to Domohana-XVIII and Domohona-XIX which had 829 and 726 voters, respectively.