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2022 Supreme(Cal) 700

HARISH TANDON, SOUMEN SEN
Chairperson, West Bengal Commission – Appellant
Versus
Election Commission Of India – Respondent


Advocates appeared:
Ms. Aparna Bhat, Advocate, Mr. Debashis Banerjee, Advocate, Mr. Suvonil Chakraborty, Advocate, Mr. Supreem Naskar, Advocate, for the Appellant; Mr. Arvind Dattar, Sr. Advocate, Mr. Siddhant Kumar, Advocate, Ms. Manyaa Chandok, Advocate, Mr. Anuran Samanta, Advocate, for the Respondent.

ORDER

Soumen Sen, J. - The Chairperson West Bengal Commission for Protection of Child Rights has filed an application under Article 226 of the Constitution of India in the nature of public interest litigation.

2. In the writ petition the petitioner has prayed, inter alia, for a writ in the nature of mandamus directing the Election Commission of India to compensate each of the families of the children who have lost their lives due to Covid-19 disease in the State following the announcement of general election on 26th February, 2021 as the said Commission is responsible and accountable for the death of such children. The petitioner has prayed for other reliefs which are connected and/or incidental to the reliefs as stated above.

3. The petitioner has stated that being the Chairperson of the West Bengal Commission for Protection of Child Rights she wants to highlight the plight of children affected by Covid-19 in the state and the appalling condition of the children which was the direct outcome of the insensible decision of the election commission to conduct the general election in the state in eight phases during covid and its failure to present the rapid spread of the disease while suc

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