DEBRANJAN MUKHOPADHYAY Vs. MANIK CHANDRA MONDAL

JUDGEMENT

(1.) In the instant Election Petition the petitioner who was a candidate in the West Bengal Legislative Assembly from 285, Labhpur Assembly Constituency has prayed for

(2.) It is the contention of the petitioner that the returned candidate, Manik Chandra Mondal, being respondent No. 1 in the instant petition as nominee of CPI (M) party filed nomination paper from the said 285, Labhpur Assembly Constituency before the Returning Officer of 285 Labhpur Assembly Constituency. Last date of filing nomination paper of Assembly Election was fixed on 3-4-96 and date of scrutiny was on 4-4-96 and the 6 last date of withdrawal of nomination was 6-4-96.

(3.) It has been alleged on behalf of the petitioner that one Sri Patit Paban Chatterjee of Village-Bipratikuri, District-Birbhum by a letter dated 2-4-96 had informed the District Magistrate that Manik Chandra Mondal alias Manik Mondal is one of the murderers of his father Sri Nabagopal Chatterjee and as such Sri Mondal has been convicted by the Additional Sessions Judge, Suri, for life imprisonment and thereafter he obtained bail from the High Court at Calcutta, since he has been convicted by a competent Court of Law, it has been particularly stated in his said letter that the said Manik Mondal should not be allowed to contest election as a candidate from the said Assembly Constituency.