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2026 DAILYLAW 39654 (CAL)

PAPIYA DAS v. THE ELECTION COMMISSION OF INDIA AND ORS

WPA/10046/2026 · 2026-09-10

Krishna Rao

body2026

Judgment text

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Item No.- 99 10.09.2026 Court No. 25 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 10046 of 2026 Papiya Das Versus The Election Commission of India & Ors. Mr. Supratic Roy Mr. Shuvajit Roy … for the Petitioner Ms. Anamika Pandey … for the E.C.I. 1. The petitioner was a resident of Sreerampur Constituency but she had married to a person who is a resident of Kamarhati. After her marriage, she made a request to the concerned authority through online for deletion of her name from the voter list of the Sreerampur Constituency and for inclusion of her name in the Kamarhati Constituency. 2. On request of the petitioner, the name of the petitioner has been deleted from the voter list of Sreerampur Constituency but unfortunately, the name of the petitioner has not been included in the voter list of Kamarhati Constituency. The petitioner has made a representation to the District Election Officer on 5th March, 2026 requesting for inclusion of her name in the Kamarhati Constituency as her name from the voter list has been deleted from the Sreerampur Constituency. The petitioner has also submitted Form- 2 6 on 2nd April, 2026 but the same was rejected due to insufficient documents. 3. Learned counsel for the petitioner submits that the petitioner’s name was appearing in the voter list of the Sreerampur Constituency but on the request of the petitioner, the name of the petitioner has been deleted from the voter list of the Sreerampur Constituency but has not been included in the Constituency of Kamarhati. 4. In view of the above, the petitioner is directed to submit a fresh representation along with all the documents to the District Election Officer of North 24 Parganas within a week from date and if any representation is filed by the petitioner for inclusion her name in the voter list of the Kamarhati Constituency, the District Election Officer shall consider the request of the petitioner by giving opportunity of personal hearing to the petitioner and to pass appropriate order within a period of four weeks from the date of receipt of representation. If it is found that the petitioner’s name is to be included in the voter list of the Kamarhati Constituency, the same may be included within a week thereafter. If the authority finds that the name cannot be included in the voter list of the Kamarhati Constituency, a reasoned and speaking order be passed and the same shall be communicated to the petitioner within two weeks thereafter. 3 5. With the above observations, WPA 10046 of 2026 is disposed of. 6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Krishna Rao, J.)