LAWS(CAL)-2023-10-15

TIJENDRANATH MAHATO Vs. WEST BENGAL STATE ELECTION COMMISSION

Decided On October 11, 2023
Tijendranath Mahato Appellant
V/S
West Bengal State Election Commission Respondents

JUDGEMENT

(1.) The petitioner contested the Panchayat General Elections, 2023 for a Panchayat Samity seat. He claims that after counting of votes was over on 11/7/2023 he was declared the winner and he won by six votes. The petitioner claims to be intimated that the winning certificate would be issued to him within a short period of time.

(2.) In the early morning of 12/7/2023 the petitioner came to learn that the votes were recounted and he was declared loser. The petitioner submits that after declaration of result there is no scope for recounting and the ballot papers ought not to have been recounted. The counting officer in respect of the Panchayat Samity votes had left after the initial declaration of result and the Block Development Officer took the sole initiative to recount the votes. The recounting was made in the interest of the candidate supported by the ruling dispensation.

(3.) Petitioner alleges manipulation of the election result at the behest of the Block Development Officer who acted as the Panchayat Returning Officer in connivance with the ruling dispensation. A complaint was immediately lodged by the petitioner. The silence on the part of the respondent authority to redress the grievance of the petitioner has prompted him to approach the Court by filing the instant writ petition.