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2021 Supreme(Cal) 366

SABYASACHI BHATTACHARYYA
Sumitra Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kamalesh Bhattacharya, M.R. Sarbadhikari, S. Chatterjee, Pintu Karar.
For the Respondent: Pantu Deb Roy, Pannalal bandopadhyay.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The petitioner was issued a Scheduled Caste certificate by the Sub-Divisional Officer, Chanchal on April 10, 2018. On the basis of such certificate, the petitioner contested in the last Panchayat Election of West Bengal held on May 14, 2018. The winning certificate for such Election was issued in favour of the petitioner on May 17, 2018. The said election was contested by the petitioner from a seat reserved for the Scheduled Caste candidates.

2. Subsequently, upon receiving a memo bearing No. 1500/SDO/CHL dated August 16, 2018, issued by the Sub-Divisional officer, Chanchal-II, Malda, the petitioner learnt of a proceeding for cancellation/impounding/revocation of the Scheduled Caste certificate of the petitioner having been initiated.

3. In the meantime, a writ petition bearing WP No. 10516(W) of 2018, was filed by the present respondent no. 6 challenging the SC certificate of the petitioner, which is still pending.

4. The hearing of the cancellation proceeding was fixed on August 21, 2018 to the knowledge of the petitioner. However, the petitioner allegedly had to be admitted to a nursing home due to her cardiac problem on August 20, 2018. An

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