SADHAN SARKAR AND ANR. v. THE STATE OF WEST BENGAL AND ORS.
WPA(P)/1/2025 · 2025-02-13
Bivas Pattanayak, T S Sivagnanam
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3934 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3934 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.02.2025 Item No.26 PG/KS Ct. No.1 W.P.A. (P) 1 of 2025 Sadhan Sarkar & Anr. Versus The State of West Bengal & Ors. Ms. Kausiki Bose……..for the petitioners Mr. Jahar Lal De Mr. Shamim ul Bari……for the State Mr. Srijan Nayak Ms. Rituparna Maitra…….for the Co-operative Election Commission Mr. Sabir Ahmed Mr. Dhiman Banerjee………for the respondents 2 & 3
1. The petitioners, by way of this public interest litigation seek for a direction to correct the voters’ list and include 125 members of the Bilwagram and Kanthaberia gram panchayats and also for a direction to conduct a fresh election on the correct voters’ list.
2. The election has been concluded on January 31, 2025. In any event, once the election process has commenced, the question of interdicting the same by way of a writ petition under Article 226 of the Constitution is not maintainable. Apart from that, the relief sought for by the writ petitioners that too by way of a public interest litigation is not maintainable.
3. Therefore, no relief, as prayed for by the writ petitioners can be granted in this writ petition.
4. Accordingly, the writ petition is dismissed.
5. No costs.
2
6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(T.S SIVAGNANAM) CHIEF JUSTICE (BIVAS PATTANAYAK, J.)