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2023 Supreme(Cal) 1063

ARIJIT BANERJEE, APURBA SINHA RAY
Sanjay Mondal – Appellant
Versus
Boothnath Mondal – Respondent


Advocates Appeared:
For the Appellant : Mr. Saptangsu Basu, Sr. Adv., Mr. Subhrangshu Panda, Ms. Ina Bhattacharya, Ms. M. Singha Mahapatra, Mr. Sumitava Chakraborty.
For the Election Commission : Mr. Kishore Datta, Sr. Adv., Ms. Sonal Sinha, Ms. Sumita Shaw, Mr. T. Kr. Chatterjee, Mr. Sujit Gupta, Mr. Sayan Dutta, Mr. Soumen Chatterjee.
For the State : Mr. Kalyan Kr. Banerjee, Sr. Adv., Ms. Lalit Mohan Mahata, Mr. Sursanya Bandyopadhyay, Mr. Rudranil De, Mr. Arka Kumar Nag.

JUDGMENT :

(Through Video Conference)

In Re: M.A.T. 1165 of 2023 with CAN 1 of 2023

1. This appeal is directed against the judgment and order dated June 21, 2023, whereby the writ petition of the respondent nos. 1 to 3 herein being WPA 14718 of 2023 was disposed of.

2. As appears from the order under appeal, the writ petitioners approached the learned Single Judge with the case that they had submitted their nominations for contesting the Panchayat Elections 2023. Their names were published in the list after scrutiny. However, in the final list, their names are absent. No reason for disappearance of their names from the final list of contesting candidates has been furnished. They prayed for a direction on the respondent authorities including the State Election Commission to allow them to contest the 2023 Panchayat elections.

3. It was submitted on behalf of the State that once the list of final candidates has been published, the Election Commission cannot permit other candidates to contest the election. It was also submitted that since the dispute related to an election, the writ petitioners should seek remedy by way of filing election petition after completion of election. The court, in

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