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I.P.MUKERJI
Bharatiya Janata Party – Appellant
Versus
West Bengal State Election Commission – Respondent


Advocate Appeared:
For the Petitioners:Abhrajit Mitra, Som Mondal, Phrize Edulzi, A. Chaubey, A. Chowdhury and K. Chatterjee, Advocates
For the State :Laxmi Gupta, Ld. A. Advocate General, Abhrotosh Majumder and Subhabrata Dutta, Advocates
For the Respondent No. 1:N.C. Behani, Advocate

JUDGMENT :

I.P. Mukerji, J.

This is an application by the Bharatiya Janata Party which, inter alia, wants postponing of the ensuing Municipal Elections for the 91 Municipalities in our State, scheduled to be held on 25th April, 2015.

2. They allege that various malpractices have been carried out by some persons, which resulted in an unfair polling process in Kolkata for the Kolkata Municipal Corporation on 18th April, 2015. They want fresh election dates to be announced and the election be conducted under the surveillance of the Central forces.

3. Mr. L.K. Gupta, learned Additional Advocate General, at the outset, takes the point of jurisdiction of this Court to entertain, try and determine this application. He submits that the election pertains to municipalities and this Court exercising residuary jurisdiction has no determination over the subject matter.

4. In my opinion, to a certain degree and extent this Court and the court exercising determination over the municipal matters have concurrent jurisdiction over the subject matter. The issues are not restricted to municipalities but also involve police inaction and in action of the State Election commission over which the writ Court ex















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