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JOYMALYA BAGCHI, APURBA SINHA RAY
West Bengal State Election Commission – Appellant
Versus
Jyotsna Roy – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Appellant-West Bengal State Election Commission has assailed order dated 14.08.2023 whereby the learned Single Judge held the constitutional bar under Article 243-O of the Constitution of India as well as Section 80 of the West Bengal Panchayat Elections Act, 2003 (hereinafter referred to as ‘Act of 2003?) do not apply and the writ petition is maintainable.
2. The factual matrix giving rise to the appeal is as follows :-
3. The writ petitioner/respondent no.1 herein is an unsuccessful candidate in the Panchayat election held in the year 2023. He has alleged there was widespread manipulation and tampering of ballot papers, removal of ballot papers and issuance of fake identity cards in favour of a political party viz. All India Trinamool Congress (AITC) enabling tampering of ballots in the strong room/counting centre. Alleging these facts the writ petitioner/respondent no.1 herein approached the writ court praying for the following reliefs :-
(b)
The court ruled that election disputes must be resolved through statutory remedies as outlined in the West Bengal Panchayat Elections Act, 2003, and cannot be addressed via writ petitions due to cons....
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.
Election - writ petitions instituted seeking re-poll including a challenge to the decision of the 1st respondent -Election Commission refusing such prayer are not maintainable in view of the constitu....
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
The court reiterated the principles of non-interference in the election process by the courts, the requirement to exhaust the remedy of filing election petitions for challenging the validity of elect....
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