District Magistrate of Howrah vs Kashmira Begum Khan

Breaking News

Back Next

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1274

ARIJIT BANERJEE, APURBA SINHA RAY
District Magistrate of Howrah – Appellant
Versus
Kashmira Begum Khan – Respondent

Advocates Appeared:
For the Appellants : Mr. Kalyan Bandopadhyay, Mr. Sirsanya Bandopadhyay, Mr. Shamim Ul Bari, Mr. Arka Kumar Nag.
For the Respondents: Mr. Bikash Ranjan Bhattacharya, Mr. Srijib Chakraborty, Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayon Banerjee, Mr. Badrul Karim, Mr. Kiron Sk., Mr. Dipankar Das.
For the Election Commission : Mr. Kishore Dutta, Ms. Sonal Sinha, Mr. Sujit Gupta, Mr. Sayak Dutta, Mr. Soumen Chatterjee.

Headnote: Read headnote

JUDGMENT :

In our order dated June 23, 2023, we had recorded the material facts of the case and the arguments of learned Counsel for the parties. To make the present judgment and order a complete and comprehensive one, we incorporate herein our earlier order:-

“This appeal is directed against an order dated June 21, 2023, passed by a learned Single Judge in WPA 14723 of 2023.

The two writ petitioners before the learned Single Judge appeared to be aspiring candidates for the upcoming Panchayet Elections. They approached the learned Single Judge, in the present round of litigation, with the grievance that the Panchayet Returning Officer has tampered with the documents that they filed along with their nominations. In particular, although they had filed the caste certificate, which was one of the necessary documents, at the stage of scrutiny, wrongfully it was held that caste certificate was not filed. Accordingly, their nominations were cancelled.

The learned Judge passed the impugned order observing as follows:

“As it appears that the allegation of

Click Here to Read the rest of this document