ISMAIL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants had contested the Gram Panchayat Election held in 2023 for various Sansads in Beraberi Gram Panchayat. It is pleaded in the writ petition during counting process held on 11/7/2023, scuffling occurred at various tables. As a result, representatives of the appellants and other candidates left the spot. This had polluted the democratic process and infracted the fundamental right of the appellants to free and fair election. Accordingly, appellants prayed for cancellation of the election to Sansad No.IX-11, corresponding to Booth No.61 and Serial No.11, Sansad No.VIII-10, corresponding to Booth No.62 and Serial No.10, Sansad No.XIV-16, corresponding to No.56 and Serial No.16, and Sansad No.XIII-15, corresponding to Booth No.57 and Serial No.15 of Beraberi Gram Panchayat

(2.) Mr. Chatterjee for appellants contend videography produced before the Hon'ble Single Judge clearly depicts unruly behaviour which compelled the representatives of the appellants to desert the counting hall. Counting proceeded behind their back. Accordingly, he prays for fresh election.

(3.) Learned Advocates for Election Commissioner and State submit appellants ought to have availed the alternative remedy and filed an election petition under Sec. 79 of the West Bengal Panchayat Act before the competent Civil Court.