KASHMIRA KHAN Vs. WEST BENGAL STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner contested the Panchayat General Elections, 2023. On the allegation of merciless beating, snatching and looting of ballot papers in the midst of counting of votes at the instance of the supporters of the ruling dispensation, a complaint was lodged before the State Election Commission and the Panchayat Returning Officer. As the said complaint was not considered by the respondent authorities, she filed a writ petition before this Court being WPA 16653 of 2023. The said writ petition was disposed of on 14/7/2023 directing the State Election Commission to enquire into the matter and take necessary remedial steps if the allegations of the petitioner are found to be true.

(2.) The State Election Commission enquired the matter and passed reasoned order on 24/7/2023 which is impugned in the instant writ petition.

(3.) The Commission admits the allegation made by the petitioner. It mentions that the Commission conducted an enquiry through the Police and a report had been submitted to the Commission through the District Magistrate, Howrah. The District Magistrate reported that an incident of snatching of ballot papers took place on 11/7/2023 at Table no. 1, Hall 12 of the counting venue. The report of the Sub-Divisional Officer, Howrah being the Panchayat Returning Officer and the Block Development Officer, Sankrail mentions that an Assistant Panchayat Returning Officer was in charge of the counting hall no. 12. The Observer instructed the counting officer not to proceed further with the counting but the counting officer issued Form 24 in contravention of the instruction of the Observer.