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2026 DAILYLAW 47782 (CAL)

SAPIUL HOQUE SARKAR v. THE ELECTION COMMISSION OF INDIA AND ORS

WPA/2983/2026 · 2026-10-08

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 08.10.2026 rc/ct.no.CB-06 Item No.176 WPA No. 2983 of 2026 Sapiul Hoque Sarkar Versus The Election Commission of India & Ors. Adv. Chandan Roy Adv. Dilruba Yasmin Adv. Abdul Habib …for the petitioner Adv. Anamika Pandey Adv. Madhushri Dutta … for the Election Commission of India The petitioner has assailed the order passed by the appellate authority on April 22, 2026 affirming the order passed by the designated judicial officer deleting his name from the electoral roll. Learned counsel for the petitioner submits that no opportunity of hearing was granted to the petitioner before the order was passed and the petitioner was not able to produce relevant documents before the authority in support of his claim. Learned counsel for the Election Commission of India submits that the appellant authority may be directed to revisit the issue upon granting reasonable opportunity of hearing to the petitioner and permitting him to produce relevant documents in support of his contention. 2 In view of the above, the order passed by the appellate tribunal on April 22, 2026 is quashed/set aside. The learned tribunal is requested to revisit the issue upon granting reasonable opportunity of hearing to the petitioner in order to enable him to place his contention alongwith relevant documents in support of his claim. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh,J)