Ruksana Khatun vs The State Of West Bengal & Ors on 7 April, 2026

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    Calcutta High Court (Appellete Side)

    Ruksana Khatun vs The State Of West Bengal & Ors on 7 April, 2026

                                                                               2026:CHC-AS:566
    
    
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE
    
    
    PRESENT:
    THE HON'BLE JUSTICE BIVAS PATTANAYAK
    
                                 W.P.A. 15785 of 2023
    
                                  Ruksana Khatun
                                        versus
                           The State of West Bengal & Ors.
    
    
    For the Petitioner           : Mr. Samim Ahammed, Advocate
                                   Mr. Arka Maiti, Advocate
                                   Ms. Gulsanwara Pervin, Advocate
    
    For the State                : Mr. Lalit Mohan Mahata, Ld. AGP
                                   Mr. Rudranil De, Advocate
    
    For the State Election       : Ms. Sonal Sinha, Advocate
    Commission                     Ms. Shabnam Farooqi, Advocate
    Heard on                     : 18.03.2025, 22.04.2025, 13.05.2025,
                                   22.05.2025, 30.06.2025, 07.07.2025
    
    Judgment on                  : 07.04.2026
    
    
    Bivas Pattanayak, J.:-
    
    1.   In the present writ petition, the petitioner has sought for following
    
         orders.
    
         (i)    Issue direction upon the State Election Commission to upload
    
                the declaration of the candidate concerned as well as nomination
    
                forms on its official website; and
    
         (ii)   For quashing the candidature of Anil Barnwal, a General
    
                category candidate, elected in the constituency reserved for Other
    
                Backward Class (in short, „OBC‟)
    
         (iii) For setting aside the OBC certificate of Anil Barnwal;
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         (iv) Issue direction for an independent and impartial investigation
    
             into the State Election Commission's failure to take appropriate
    
             steps despite receiving complaints of a General category
    
             candidate contesting in a Reserved constituency as well as
    
             sudden change of the candidate's category from General to OBC.
    
    2.   The petitioner contends as follows. The petitioner is an elector in the
    
         Ukhra/XI-11 constituency under Ukhra Gram Panchayat, Andal
    
         Block, Paschim Bardhaman. The aforementioned constituency is
    
         reserved for OBC as per the delimitation order. On 17th June 2023,
    
         the petitioner noticed in the official website of the West Bengal State
    
         Election Commission (in short WBSEC) that a candidate belonging to a
    
         General category namely private respondent no.7, Anil Barnwal was
    
         listed as a contestant in the Reserved constituency. The State Election
    
         Commission failed to upload the scanned copies of the candidates'
    
         declarations and nomination forms as required. As a result of which,
    
         the petitioner had no means to verify the actual reservation papers of
    
         the candidates. The subject candidate namely, Anil Barnwal does not
    
         belong to OBC category since the surname „Barnwal‟ is not listed in
    
         the list of OBCs for the State of West Bengal. The petitioner made
    
         complaints against the said candidate namely Anil Barnwal raising
    
         concerns that a candidate belonging to General category is contesting
    
         in the constituency reserved for OBC candidate. However, no action
    
         was taken to cancel or quash the candidature of Anil Barnwal. On
    
         30th June 2023, the category of Anil Barnwal was changed to OBC in
    
         the official website which is a manipulative action purposefully made
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         in favour the ruling political dispensation in the State. Being
    
         aggrieved by and dissatisfied with the action of the respondent
    
         authorities concerned, the petitioner has preferred the present writ
    
         petition seeking for aforementioned reliefs.
    
    3.   The State-respondents filed an affidavit furnished by Sub-Divisional
    
         Officer, Asansol (Sadar), Paschim Bardhaman in respect of issuance
    
         of OBC Certificate to Anil Barnwal. It is stated therein that, as per the
    
         available office records, an application was received through online
    
         portal of Backward Classes Welfare Department. Subsequently, the
    
         Caste Certificate Section of the office also received the hardcopy of the
    
         application along with necessary documents. The said Anil Barnwal
    
         did not submit his Electors Photo Identity Card (in short, „EPIC‟),
    
         however, that is not a mandatory document for issuance of OBC
    
         Certificate. Moreover, a person may register his/her name as elector
    
         in any assembly constituency where he/she ordinarily resides. For
    
         the purpose of issuance of OBC Certificate, the permanent residential
    
         address of the concerned person is taken into consideration as per
    
         memorandum issued by Backward Classes Welfare Department. The
    
         said Anil Barnwal has made self-declaration by way of an affidavit
    
         stating that his family members are permanent residents of Rajpara,
    
         Ranigunj since the year 1993. On the basis of the above documents,
    
         the OBC Certificate was issued in favour of the said person. The
    
         application for issuance of OBC Certificate was made on 1st July,
    
         2022 before the notification of Panchayat General Election. Thus, the
    
         application for issuance of OBC Certificate was not processed for the
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         purpose of election. Further no complaint is received challenging the
    
         OBC Certificate issued to said Anil Barnwal.
    
    4.   The petitioner filed an affidavit-in-reply with the contention that the
    
         signature of the candidate namely Anil Barnwal is forged one. Further
    
         the affidavit before the Magistrate is obtained by fraud. The Aadhar
    
         Card annexed to the report is a manufactured document. The Voters
    
         Identity Card annexed to the report cannot be the EPIC card of his
    
         father who died in the year 1994. The electoral roll of Ukhra Gram
    
         Panchayat, Block Andal shows that at least from the year 2016 the
    
         said candidate is a permanent resident of said Gram Panchayat. The
    
         report does not demonstrate as to how the authority was satisfied
    
         with the family tree. There is discrepancy in the name of the
    
         grandfather of the said candidate. Moreover, the ration card and other
    
         records would show that the candidate is a resident of village-Ukhra
    
         within Sub-Division-Durgapur. Therefore, the authority of Asansol
    
         Sub-Division did not have the jurisdiction to issue OBC Certificate in
    
         his favour. The other members, which have been shown in the family
    
         tree, are absolutely incorrect as those persons do not have any
    
         connection with the family of Anil Barnwal. Accordingly, the entire
    
         conspiracy needs to be revealed in order to ensure transparency in
    
         the process and restore trust in the action of public authority.
    
     5. Mr. Samim Ahammed, learned advocate for the petitioner submitted
    
         that the writ petition has been filed with the allegation of fraudulent
    
         procurement    of OBC certificate by the concerned           candidate,
    
         inconsistency in the respondent's age and residence details as well as
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    administrative negligence in issuing the OBC Certificate. The private
    
    respondent no.7 has procured an OBC Certificate on the basis of
    
    materially inconsistent and contradictory records. The Aadhaar Card
    
    records the date of birth of the concerned candidate as 7th May, 1990,
    
    but inexplicably states the age band as 40-50 years. The Voter Card
    
    verification shows the respondent's age as 53 years, which is
    
    inconsistent with the declared date of birth. The other official records
    
    exhibit ages, namely 32, 45, 46, 48, and 53 years, clearly
    
    demonstrating falsification of age-related documents. As regards the
    
    residence details, there are also inconsistencies. While the OBC
    
    certificate application claims residence at Raniganj under Asansol
    
    Sadar, other records, including Voter Card and Ration Card, indicate
    
    residence at Ukhra. The grandfather's name is alternately recorded as
    
    Ganesh Mudi and Birendra Barnwal in official records, suggesting a
    
    deliberate attempt to mislead authorities regarding caste and family
    
    background. The respondent has also failed to comply with Clause 8
    
    of Memo dated 27th July, 2015, which mandates that the applicant
    
    must be an ordinary resident of the area concerned. The contradictory
    
    residence records demonstrate non-compliance with this requirement.
    
    The Sub-Divisional Officer (SDO), Asansol Sadar, issued OBC
    
    certificate to the respondent candidate without verifying essential
    
    records such as proof of citizenship namely Voter's Card or Ration
    
    Card and inconsistent lineage details. This failure amounts to gross
    
    administrative negligence and undermines the integrity of the
    
    reservation policy. The election to the Ukhra/XI-11 constituency is
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    reserved for the OBC candidates as per the delimitation order on
    
    record. The private respondent no.7, belonging to General category,
    
    has unlawfully procured an OBC certificate and contested the election
    
    in violation of the reservation mandate. This act deprives genuinely
    
    eligible candidates of their rightful opportunity, permitting ineligible
    
    candidates to contest elections for reserved seats, directly subverting
    
    the constitutional purpose of the reservation system, which seeks to
    
    ensure    equitable    representation   for   marginalized   communities.
    
    Despite repeated complaints, neither the Block Development Officer
    
    (BDO) nor the Sub-Divisional Officer (SDO) undertook any meaningful
    
    investigation or corrective action. This administrative inaction
    
    constitutes a clear dereliction of duty that warrants judicial
    
    intervention. Further the respondent candidate claims to have
    
    contested election in the year 1998. However, given the declared date
    
    of birth of 7th May, 1990, the respondent would be only 8 years old at
    
    that time. This claim is manifestly false. Additionally, the councillor's
    
    certificate relied upon by the respondent is jurisdictionally defective
    
    and fails to disclose the certifying councillor's identity, casting serious
    
    doubt     upon   its   authenticity.    Documents     produced    in    the
    
    supplementary affidavit indicate that, in fact, the said certificate is a
    
    fake and/or forged document. This Hon'ble Court has a constitutional
    
    duty to protect the integrity of elections by ensuring that only duly
    
    qualified candidates contest reserved seats. Judicial precedence
    
    supports the annulment of fraudulent candidatures and mandates
    
    inquiry   into   administrative   lapses where      misrepresentation    is
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         established. In light of his aforesaid submissions, he prayed for
    
         appropriate orders for cancellation of the candidature of the
    
         concerned candidate namely Anil Barnwal, respondent no.7 and for
    
         issuance of directions for inquiry by independent authority.
    
    6.   Mr. Lalit Mohan Mahata, learned Additional Government Pleader
    
         representing the State respondents, on the contrary, submitted that,
    
         in the present writ the principle allegation is of alleged corrupt
    
         practice in acceptance of nomination of a candidate during Panchayat
    
         Election, belonging to General category against the constituency
    
         reserved for OBC candidate. The allegations precisely deal with an act
    
         relating to election matters. As per Article 243-O of the Constitution of
    
         India, there is a clear bar of interference by the Courts in electoral
    
         matters. The aforesaid Article clearly provides that no election to
    
         Panchayat shall be called in question except by way of an election
    
         petition presented to such authority and in such manner as is
    
         provided for or under any law made by the legislature of a State.
    
         Moreover, Section 80 of the West Bengal Panchayat Election Act, 2003
    
         (hereinafter referred to as the Act of 2003) also provides that no
    
         election to Panchayat shall be called in question except by way of an
    
         election petition presented in accordance with the provisions of Part
    
         VI of the Act. Further Section 93 clearly provides the grounds on
    
         which the Court can declare the election to be void. Relying on the
    
         decision of Hon'ble Supreme Court passed in N. P. Ponnuswami
    
         versus    The    Returning     Officer,    Namakhal      Constituency,
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         Namakhal, Salem Dist. and Others1, he submitted that it is well
    
         recognized that where a right or liability is created by a statute which
    
         gives a special remedy for enforcing it, the remedy provided by that
    
         statute only must be availed of. Clause (a) of Article 329 of the
    
         Constitution of India bars the jurisdiction of the Courts with regard to
    
         such law as may be made under Articles 327 and 328 relating to
    
         delimitation of constituencies or the allotment of seats to such
    
         constituencies. Article 329(b) ousts the jurisdiction of the Courts with
    
         regard to the matters arising between the commencement of the
    
         polling and the final selection. Part XV of the Constitution is a Code in
    
         itself i.e. it creates rights and provides for their enforcement by a
    
         special tribunal to the exclusion of all Courts including the High
    
         Court. Article 329(b) is a blanket ban of litigative challenges to
    
         electoral steps taken by Election Commission and its officers for
    
         carrying forward the process of election to its culmination in the
    
         formal declaration of the results. It is undisputed that an election can
    
         be challenged only under the provisions of the Act. All the substantial
    
         reliefs which the petitioner has sought in the writ petition including
    
         quashing of the candidature of the candidate can be claimed in
    
         election petition. Therefore, the High Court cannot exercise the
    
         jurisdiction under Article 226 of the Constitution in case of a dispute
    
         relating to election matters. To buttress his contention, he also relied
    
         on the following decisions:
    
    
    
    1 (1952) 1 SCC 94
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         (i)    Harnek Singh versus Charanjit Singh and Others2
    
         (ii)   West Bengal State Election Commission and Ors versus
    
                Communist Party of India (Marxist) and Ors3.
    
         (iii) Laxmibai versus The Collector, Nanded & Ors.4
    
         (iv) Karmaveer Tulshiram Autade and Ors. versus The State
    
                Election Commission and Ors.5
    
         (v)    The Block Development Officer & Anr. Versus Surajit
    
                Pramanik & Ors.6
    
         (vi) State Election Commission and Another versus Nimai Ray
                alias Nimal Roy and Others7
    
       7. Ms. Sonal Sinha, learned advocate appearing for the West Bengal
    
           State Election Commission, submitted that in terms of the
    
           provisions of Article 243K of the Constitution of India, the
    
           superintendence, direction and control of the preparation of electoral
    
           rolls and the conduct of all elections to the Panchayats in West
    
           Bengal are vested in the State Election Commission. The State
    
           Legislature, in pursuance of Article 243K of the Constitution of
    
           India, has made the law and provisions with respect to all matters
    
           relating to or in connection with elections to the Panchayats. In
    
           terms of Article 243-O of the Constitution of India, no election to any
    
           Panchayat shall be called into question except by an election petition
    
           presented to such authority and in such manner as is provided for
    
    2 (2005) 8 SCC 383
    3 [2018] 18 SCC 141
    4 (2020) 12 SCC 186
    5 Writ Petition (ST.) No.26 of 2021 (Decision of Bombay High Court)
    6 M.A.T. 1654 of 2023 (Decision of Calcutta High Court)
    7 2024 SCC OnLine Cal 5410
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    by or under the law made by the legislature of the State. Part VII of
    
    the Act deals with disputes regarding election and in particular
    
    Section 79 of the Act of 2003 provides for the procedure to present
    
    election petition before the appropriate Judge of the district within
    
    which the elections were held. Section 79 of the Act specifically
    
    mandates that, if any dispute arises as to the validity of an election
    
    under this Act, any person entitled to vote such election may within
    
    30 days after the date of declaration of results of such elections, file
    
    a petition calling in question such election on the grounds
    
    mentioned in sub-section (1) of Section 93 and Section 94. Thus, it
    
    is clear that the election to any seat of a Gram Panchayat may be
    
    called into question only by an election petition filed before an
    
    appropriate Judge in terms of Section 79 read with relevant Sections
    
    including Sections 93 and 94 of the Act. Although Article 226 of the
    
    Constitution of India empowers this Hon'ble Court to issue writs not
    
    only for the enforcement of fundamental rights but also for any other
    
    legal rights, there are several orders and judgments of this Court as
    
    well as Hon'ble Apex Court wherein the Hon'ble Courts have denied
    
    to interfere with the results of election and in unequivocal terms
    
    have held that filing of election petition is the only appropriate
    
    remedy in such cases. The issues raised in the instant writ petitions
    
    can be raised only by an election petition presented to such
    
    authority and in such manner as provided in the Act. In support of
    
    her contentions, she relied on the decisions of Hon'ble Supreme
    
    Court passed in Mohinder Singh Gill (supra), and Munsi Najbul Karim
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      versus The West Bengal State Election Commission & Ors (Re: MAT
    
      1339 of 2023) and Nimai Roy (supra) passed by the Hon'ble Division
    
      Bench of this Court. In light of her above submissions, she prayed
    
      for dismissal of the writ petition.
    
    8. In reply to the contentions raised on behalf of the respective
    
      respondents, Mr. Ahmed, learned advocate for the petitioner
    
      submitted that the statutory election petition remedy provided under
    
      Sections 80 to 83 is specifically directed against returned candidates
    
      and is limited to the questions of declaring such elections void or
    
      declaring      another    candidate   elected.   The     scheme     clearly
    
      contemplates that the contest is inter se between candidates. By
    
      contrast, the present writ petition seeks to examine the fraudulent
    
      grant of an OBC Certificate by the administrative authorities and the
    
      failure   of   election   machinery   to   act   on    objections   despite
    
      documentary proof of fraud and ineligibility. The conduct of the
    
      Election Commission or its officers in failing to scrutinize objections
    
      or investigate ineligibility is not justiciable under the statutory
    
      election petition procedure. Sections 81 to 83 make no provision for
    
      impleading the State Election Commission or its officers as parties to
    
      an election petition nor for obtaining relief in the nature or directions
    
      against them. The statutory remedy is thus incomplete and
    
      inadequate to address grievances about the conduct or inaction of
    
      election officials, which are amenable to the writ jurisdiction of this
    
      Hon'ble Court. It is a well-settled principle of law that where there is
    
      no equally efficacious alternative remedy for addressing a grievance,
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          such as administrative fraud, inaction or violation of statutory duties
    
          by public authorities, a writ petition remains maintainable. In the
    
          present case, the petitioner has specifically alleged fraudulent
    
          procurement of an OBC Certificate, inconsistency in respondent's
    
          age and residence details and administrative negligence in issuing
    
          the OBC certificate. These matters cannot be adjudicated effectively
    
          within the narrow confines of election petition between candidates as
    
          envisaged under Sections 80 to 83. The provision of Section 80 of the
    
          West Bengal Panchayat Elections Act, 2003, which restricts
    
          challenges to the election by way of election petitions, cannot
    
          override the constitutional jurisdiction of this Hon'ble Court under
    
          Article 226 of the Constitution of India. The Act does not provide a
    
          remedy for investigating the conduct of the Election Commission
    
          adjudicating claims of administrative fraud in certification processes.
    
          Relying on the decision of Hon'ble Supreme Court passed in
    
          Resurgence India versus Election Commission of India8, he
    
          submitted that transparency and integrity in elections are not
    
          merely statutory expectations but constitutional mandates rooted in
    
          the fundamental rights of voters. A voter has a right to know full
    
          particulars of a candidate which is an essential facet of Article
    
          19(1)(a) of the Constitution. Incomplete affidavits cannot be
    
          considered valid nominations and that the returning officer is
    
          constitutionally obligated to ensure that the information provided is
    
    
    
    8 (2014) 14 SCC 189
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          complete and accurate. In Anup Baranwal versus Union of India9,
    
          the Hon'ble Supreme Court has laid down the clarity that Article 324
    
          is a plenary provision which clothes the Election Commission with
    
          entire responsibility to ensure free and fair elections. This power
    
          though plenary is not absolute and it is bound by the rule of law,
    
          fairness, and constitutional norms. Failing to apply even minimum
    
          scrutiny to the respondent's fraudulent documents while ignoring
    
          detailed objections, the returning officer has treated the parties with
    
          manifest inequality and has discriminated against other candidates
    
          and voters who relied on the integrity of the reservation policy. True
    
          independence of the Election Commission is not unilateralism or
    
          arbitrariness, but fidelity to constitutional values. Further the
    
          constitutional remedies under Articles 226 and 32 form part of the
    
          basic structure of the Constitution and cannot be ousted by
    
          statutory bars. To buttress his contention, he relied on the decision
    
          of Hon'ble Supreme Court passed in UT of Ladakh versus J&K
    
          National Conference10. Thus, the writ petition is very much
    
          maintainable before this Hon'ble Court.
    
       9. Upon hearing the learned advocates for the respective parties, the
    
          question which is to be determined at the very threshold is whether
    
          the issues raised by the petitioner disputing the candidature of a
    
          candidate in the Panchayat Election can be challenged before the
    
    
    
    
    9 (2023) 6 SCC 161
    10 2023 SCC OnLine SC 1140
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           writ   court     exercising     jurisdiction    under     Article    226    of   the
    
           Constitution of India?
    
    10.   In order to examine the aforesaid issue regarding Panchayat elections,
    
          it would be profitable to reproduce the provisions of Article 243-O of
    
          the Constitution of India which reads as hereunder:
    
    
                  "243-O -Bar to interference by Courts in electoral matters.-
    
                  Notwithstanding anything in this Constitution--
                  (a) the validity of any law relating to the delimitation of constituencies
                  or the allotment of seals to such constituencies made or purporting to
                  be made under article 243K, shall not be called in question in any
                  court;
                  (b)no election to any Panchayat shall be called in question except by
                  an election petition presented to such authority and in such manner
                  as is provided for by or under any Law made by the legislature of a
                  State."
    11. The West Bengal State Legislature in compliance with the constitutional
    
     mandate promulgated West Bengal Panchayat Elections Act, 2003. Under
    
     the Act of 2003, West Bengal Panchayat Election Rules, 2006 have also
    
     been framed. Sections 79, 80 and 93 of the Act of 2003 being relevant in
    
     the present context is reproduced hereunder:
    
                           "79. Disputes as to elections._(1) If any dispute arises as to
                           the validity of an election under this Act, any person entitled to
                           vote at such election may, within thirty days after the date of
                           declaration of the results of such election, file a petition, calling
                           in question such election on one or more of the grounds
                           specified in sub-section (1) of section 93 and section 94--
                           (a) before the Civil Judge having jurisdiction where such
                           election is in respect of a Gram Panchayat or a Panchayat
                           Samiti,
                           (b) before the District Judge of the district, where such election
                           is in respect of a Zilla Parishad or the Siliguri Mahakuma
                           Parishad.
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    (2) When filing a petition under sub-section (1), the petitioner
    shall deposit in Court, as security for the costs likely to be
    incurred,--
    (a) five hundred rupees, where the petition is filed before the
    Civil Judge,
    (b) one thousand rupees, where the petition is filed before the
    District Judge.
    (3) Every petition shall be accompanied by as many copies
    thereof as there are respondents mentioned in the petition
    and every such copy shall be attested by the petitioner under
    his own signature to be a true copy of the petition.
    (4) The District Judge may transfer any petition filed before
    him under sub-section (1) to any Judicial Officer subordinate
    to him not below the rank of a Subordinate Judge.
    (5) In dealing with a petition under sub-section (1), the Civil
    Judge, the District Judge or the Judicial Officer to whom the
    petition is transferred under sub-section (4) (hereinafter
    referred to as the Judge) may hold such enquiry as he deems
    necessary.
    (6) The Judges shall have all the powers of a civil Court for
    the purposes of receiving evidence, administering oath,
    enforcing the attendance of witnesses and compelling the
    discovery and production of documents.
    (7) The decision of the Judge shall be final and shall not be
    called in question in any Court.
    80. Election petitions,- No election petitions to Panchayat
    shall be called in question except by an election petition
    presented in accordance with the provision of this Part.
    93. Grounds for declaring election to be void.- (1) Subject
    to the provisions of sub-section (2) if the Court is of opinion--
    (a) that on the date of his election a returned candidate was
    not qualified, or was disqualified, to be chosen to fill the seat
    under this Act;
    (b) that any corrupt practice has been committed by a
    returned candidate or his election agent or by any other
    person with the consent of a returned candidate or his
    election agent; or
    (c) that any nomination has been improperly rejected; or
    (d) that the result of the election, in so far as it concerns a
    returned candidate, has been materially affected--
    (i) by the improper acceptance of any nomination, or
    (ii) by any corrupt practice committed in the interests of the
    returned candidate by an agent other than his election agent,
    or
    (iii) by the improper reception, refusal or rejection of any vote
    or the reception of any vote which is void, or
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                   (iv) by any non-compliance with the provisions of this Act, or
                   of any rules made under this Act, the Court shall declare the
                   election of the returned candidate to be void.
                   (2) If in the opinion of the Court, a returned candidate has
                   been guilty by an agent, other than his election agent, of any
                   corrupt practice but the Court is satisfied--
                   (a) that no such corrupt practice was committed at the election
                   by the candidate or his election agent, and every such corrupt
                   practice was committed contrary to the orders, and without
                   the consent, of the candidate or his election agent;
                   (b) that the candidate and his election agent took all
                   reasonable means for preventing the commission of corrupt
                   practices at the election; and
                   (c) that in all other respects the election was free from any
                   corrupt practice on the part of the candidate or any of his
                   agents, then the Court may decide that the election of the
                   returned candidate is not void."
    
    12. Upon bare reading of the aforesaid provisions of the Act of 2003 it
    
       manifests as per section 79 of the Act of 2003 if any dispute arises
    
       as to the validity of an election under the Act, any person entitled to
    
       vote at such election may, within 30 days after the declaration of
    
       the results of such election, file a petition calling in question such
    
       election on one or more of the grounds specified in subsection (1) of
    
       section 93 and section 94. Thus, the aforesaid provision is an
    
       enabling one which permits a person entitled to vote in such
    
       election to challenge and dispute as to elections by way of election
    
       petition. Section 80 of the Act provides that no election to
    
       panchayat shall be called in question except by an election petition
    
       presented in accordance with the provisions of the Act. Section 93
    
       provides the grounds for declaring election to be void. From the
    
       aforesaid provisions it is clear that provisions have been set out in
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       the Act of 2003 for challenging the election to the Panchayat by way
    
       of an election petition.
    
    13. The precise allegation of the petitioner is that Ukhra/XI-11
    
      constituency under Ukhra Gram Panchayat, Andal Block, Paschim
    
      Bardhaman is a constituency which is reserved for OBC candidate
    
      as per the delimitation order. On 17th June 2023, the petitioner
    
      noticed in the official website of the State Election Commission that
    
      a candidate belonging to a General category namely private
    
      respondent no.7, Anil Barnwal was listed as a contestant in the
    
      Reserved constituency. The petitioner made complaints against the
    
      said candidate namely Anil Barnwal raising concerns that a
    
      candidate belonging to General category is contesting in the
    
      constituency reserved for OBC candidate. However, no action was
    
      taken to cancel or quash the candidature of Anil Barnwal. On 30th
    
      June 2023, the category of Anil Barnwal was changed to OBC in the
    
      official website which is a manipulative action purposefully made in
    
      favour the ruling political dispensation in the State. In such
    
      backdrop the petitioner has prayed for cancellation of candidature of
    
      the concerned candidates, setting aside the OBC certificate of the
    
      concerned candidate and for impartial investigation. Thus the
    
      petitioner alleges of corrupt practices and manipulation in the
    
      election process. The Panchayat election of the year 2023 was
    
      declared on 9th June 2023. Admittedly, the disputes have been
    
      raised by the petitioner after such date. Now the pertinent question
    
      which arises at this juncture is whether such aspect can be
                                          18
    
                                                                                 2026:CHC-AS:566
    
    
         examined in writ jurisdiction under Article 226 of the Constitution
    
         after the declaration of the Panchayat Elections.
    
    14. In N.P Ponnusawami (supra) , which is a landmark case in election
    
        laws and deals with the scope, amplitude, rationale and limitations of
    
        Article 329(b) of the Constitution of India, the factual matrix was that
    
        the appellant's nomination for election to the Madras legislative
    
        Assembly was rejected by the Returning Officer and so he hurried to
    
        the High Court praying for a writ of certiorari to quash the order of
    
        rejection, without waiting for the entire elective process to run its full
    
        course and, at the end of it, when the results also were declared, to
    
        move the election Tribunal for setting aside the result of election
    
        conducted without his participation. The concerned candidate was of
    
        the view that if the election proceeded without him, irreparable
    
        damage would have been caused and therefore sought to intercept the
    
        process of election by filing a writ petition. The High Court dismissed
    
        it as unsustainable in view of Article 329(b) of the Constitution of
    
        India. Against such order appeal was preferred before the Hon'ble
    
        Supreme Court, and it would be profitable to reproduce paragraph
    
        Nos. 25 of the decision of Hon'ble Supreme Court as follows.
    
                            "25. The conclusions which I have arrived at may be
                            summed up briefly as follows:
                            (1) Having regard to the important functions which the
                            legislatures have to perform in democratic countries, it
                            has always been recognised to be a matter of first
                            importance that elections should be concluded as early
                            as possible according to        time schedule and all
                            controversial matters and all disputes arising out of
                                           19
    
                                                                                   2026:CHC-AS:566
    
    
                           elections should be postponed till after the elections are
                           over, so that the election proceedings may not be unduly
                           retarded or protracted.
                           (2) In conformity with this principle, the scheme of the
                           election law in this country as well as in England is that
                           no significance should be attached to anything which
                           does not affect the "election"; and if any irregularities
                           are committed while it is in progress and they belong to
                           the category or class which, under the law by which
                           elections are governed, would have the effect of vitiating
                           the "election" and enable the person affected to call it in
                           question, they should be brought up before a Special
                           Tribunal by means of an election petition and not be
                           made the subject of a dispute before any court while the
                           election is in progress."
    15. From the aforesaid proposition as laid down by the Hon'ble Supreme
    
        Court it goes without saying that in a democratic setup it is well
    
        recognised that elections should be concluded as early as possible
    
        according to time schedule and all controversial matters and all
    
        disputes arising out of elections should be postponed till after the
    
        elections are over, so that the election proceedings may not be unduly
    
        retarded or protracted. The petitioner has raised disputes only after
    
        the Panchayat elections were notified. The law as laid down by the
    
        Hon'ble Apex court clearly stipulates that if any irregularities are
    
        committed while election is in progress and they belong to the
    
        category or class which, under the law by which elections are
    
        governed, would have the effect of vitiating the "election" and enable
    
        the person affected to call it in question, they should be brought up
    
        before a Special Tribunal by means of an election petition and not be
                                           20
    
                                                                                  2026:CHC-AS:566
    
    
         made the subject of a dispute before any court while the election is in
    
         progress. Therefore, the disputes raised by the petitioner in the
    
         present writ petition being election disputes cannot be entertained
    
         under Article 226 of the Constitution of India while election is in
    
         progress and should be brought before the forum prescribed under
    
         the Act of 2003, by means of an election petition.
    
    16. Further in N.P Ponnusawami (supra) the Hon'ble Supreme Court while
    
        considering the effect of Article 329(b) of the Constitution of India
    
        which provides that notwithstanding anything in the Constitution, " no
    
        election to either House of the Parliament or to the house or either
    
        House of the legislature of a State shall be called in question except by
    
        an election petition presented to such authority and in such manner as
    
        may be provided for by or under any law made by the appropriate
    
        legislature", also observed in paragraph nos. 14,15, 19 and 40 as
    
        follows:
    
                         14. The next important question to be considered is what is
                       meant by the words "no election shall be called in question".
                       A reference to any treatise on elections in England will show
                       that an election proceeding in that country is liable to be
                       assailed on very limited grounds, one of them being the
                       improper rejection of a nomination paper. The law with which
                       we are concerned is not materially different, and we find that
                       in Section 100 of the Representation of the People Act, 1951,
                       one of the grounds for declaring an election to be void is the
                       improper rejection of a nomination paper.
                         15. The question now arises whether the law of elections in
                       this country contemplates that there should be two attacks on
                       matters connected with election proceedings, one while they
                       are going on by invoking the extraordinary jurisdiction of the
                         21
    
                                                                  2026:CHC-AS:566
    
    
    High Court under Article 226 of the Constitution (the ordinary
    jurisdiction of the courts having been expressly excluded), and
    another after they have been completed by means of an
    election petition. In my opinion, to affirm such a position
    would be contrary to the scheme of Part XV of the Constitution
    and the Representation of the People Act, which, as I shall
    point out later, seems to be that any matter which has the
    effect of vitiating an election should be brought up only at the
    appropriate stage in an appropriate manner before a Special
    Tribunal and should not be brought up at an intermediate
    stage before any court. It seems to me that under the election
    law, the only significance which the rejection of a nomination
    paper has consists in the fact that it can be used as a ground
    to call the election in question. Article 329(b) was apparently
    enacted to prescribe the manner in which and the stage at
    which this ground and other grounds which may be raised
    under the law to call the election in question, could be urged. I
    think it follows by necessary implication from the language of
    this provision that those grounds cannot be urged in any other
    manner, at any other stage and before any other court. If the
    grounds on which an election can be called in question could
    be raised at an earlier stage and errors, if any, are rectified,
    there will be no meaning in enacting a provision like Article
    329(b) and in setting up a Special Tribunal. Any other
    meaning ascribed to the words used in the article would lead
    to anomalies, which the Constitution could not have
    contemplated, one of them being that conflicting views may be
    expressed by the High Court at the pre-polling stage and by
    the Election Tribunal which is to be an independent body, at
    the stage when the matter is brought up before it.
     19. It is now well recognised that where a right or liability is
    created by a statute which gives a special remedy for
    enforcing it, the remedy provided by that statute only must be
    availed of. This rule was stated with great clarity by Willes, J.
    
    in Wolverhampton                 New                 Waterworks
                        22
    
                                                                   2026:CHC-AS:566
    
    
    Co. v. Hawkesford [Wolverhampton         New       Waterworks
    

    Co. v. Hawkesford, (1859) 6 CB NS 336 at p. 356 : 141 ER
    486] in the following passage : [CB (NS) p. 356 : ER p. 495]
    “… There are three classes of cases in which a liability may
    be established founded upon statute. One is, where there was
    a liability existing at common law, and that liability is
    affirmed by a statute which gives a special and peculiar form
    of remedy different from the remedy which existed at common
    law : there, unless the statute contains words which
    expressly or by necessary implication exclude the common
    law remedy, and the party suing has his election to pursue
    either that or the statutory remedy. The second class of cases
    is, where the statute gives the right to sue merely, but
    provides no particular form of remedy : there, the party can
    only proceed by action at common law. But there is a third
    class viz. where a liability not existing at common law is
    created by a statute which at the same time gives a special
    and particular remedy for enforcing it. … The remedy
    provided by the statute must be followed, and it is not
    competent to the party to pursue the course applicable to
    cases of the second class. The form given by the statute must
    be adopted and adhered to.”

    The rule laid down in this passage was approved by the
    House of Lords in Neville v. London Express Newspapers
    Ltd. [Neville v. London Express Newspapers Ltd., 1919 AC
    368 (HL)] and has been reaffirmed by the Privy Council
    in Attorney General of Trinidad v. Gordon Grant & Co.
    Ltd. [Attorney General of Trinidad v. Gordon Grant & Co. Ltd.,
    1935 AC 532 (PC)] and Secy. of State v. Mask & Co. [Secy. of
    State v. Mask & Co., (1939-40) 67 IA 222 : (1940) 44 CWN
    709 : 1940 SCC OnLine PC 10] ; and it has also been held to
    be equally applicable to enforcement of rights (see Hurdutrai
    Jagadish Prasad v. Official Assignee of Calcutta [Hurdutrai
    Jagadish Prasad v. Official Assignee of Calcutta, (1948) 52
    CWN 343 at p. 349 : 1948 SCC OnLine Cal 19] ). That being
    23

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    2026:CHC-AS:566

    so, I think it will be a fair inference from the provisions of the
    Representation of the People Act to state that the Act provides
    for only one remedy, that remedy being by an election petition
    to be presented after the election is over, and there is no
    remedy provided at any intermediate stage.

    40. We are informed that besides the Madras High Court,
    seven other State High Courts have held that they have no
    jurisdiction under Article 226 of the Constitution to entertain
    petitions regarding improper rejection of nomination papers.
    This view is, in my opinion, correct and must be affirmed. The
    appeal must, therefore, fail and is dismissed. In view of the
    nature and importance of the points raised in this appeal,
    there should be no order as to costs.”

    17. In Mohinder Singh Gill (supra) the Constitution Bench of the Hon’ble

    Supreme court following the decision in N.P Ponnusawami (supra) observed

    as follows while dealing with the provisions of Article 329(b) of the

    Constitution of India.

    “126. The above being the legal position, Article 329(b) rules
    out the maintainability of the writ application. Article 329(b)
    provides that “notwithstanding anything in this Constitution
    … no election to either House of Parliament . . . shall be called
    in question except by an election petition presented to such
    authority and in such manner as may be provided for by or
    under any law made by the appropriate legislature”. It is
    undisputed that an election can be challenged only under the
    provisions of the Act. Indeed Section 80 of the Act provides
    that “no election shall be called in question except by an
    Election petition presented in accordance with the provisions
    of” Part VI of the Act. We find that all the substantial reliefs
    which the appellants seek in the writ application, including
    the declaration of the election to be void and the declaration of
    Appellant 1 to be duly elected, can be claimed in the election
    petition. It will be within the power of the High Court, as the
    election Court, to give all appropriate reliefs to do complete
    24

    2026:CHC-AS:566

    justice between the parties. In doing so it will be open to the
    High Court to pass any ancillary or consequential order to
    enable it to grant the necessary relief provided under the Act.
    The writ application is therefore barred under Article 329(b) of
    the Constitution and the High Court rightly dismissed it on
    that ground.

    127. In view of our conclusion that the High Court had no
    jurisdiction to entertain the writ application under Article 226
    of the Constitution, it will not be correct for us, in an appeal
    against the order of the High Court in that proceeding, to enter
    into any other controversy, on the merits, either on law or on
    facts, and to pronounce finally on the same. The pre-eminent
    position conferred by the Constitution on this Court under
    Article 141 of the Constitution does not envisage that this
    Court should lay down the law, in an appeal like this, on any
    matter which is required to be decided by the Election Court
    on a full trial of the election petition, without the benefit of the
    opinion of the Punjab and Haryana High Court which has the
    exclusive jurisdiction under Section 80-A of the Act to try the
    election petition. Moreover, a statutory right to appeal to this
    Court has been provided under Section 116-A, on any
    question, whether of law or fact, from every order made by
    the High Court in the dispute.”

    18. In Harnek Singh (supra) the Hon’ble Supreme Court while dealing with

    maintainability and scope of interference under Article 226 of the

    Constitution of India observed as follows:

    “16. Article 243-O of the Constitution mandates that all
    election disputes must be determined only by way of an
    election petition. This by itself may not per se bar judicial
    review which is the basic structure of the Constitution, but
    ordinarily such jurisdiction would not be exercised. There may
    be some cases where a writ petition would be entertained but
    in this case we are not concerned with the said question.

    25

    2026:CHC-AS:566

    17. In C. Subrahmanyam [(1998) 8 SCC 703] a three-Judge
    Bench of this Court observed that a writ petition should not be
    entertained when the main question which fell for decision
    before the High Court was non-compliance with the provisions
    of the Act which was one of the grounds for an election
    petition in terms of Rule 12 framed under the Act.

    18. Yet again in Jaspal Singh Arora [(1998) 9 SCC 594] this
    Court opined: (SCC p. 595, para 3)
    “3. These appeals must be allowed on a short ground. In view
    of the mode of challenging the election by an election petition
    being prescribed by the M.P. Municipalities Act, it is clear that
    the election could not be called in question except by an
    election petition as provided under that Act. The bar to
    interference by courts in electoral matters contained in Article
    243-ZG
    of the Constitution was apparently overlooked by the
    High Court in allowing the writ petition. Apart from the bar
    under Article 243-ZG, on settled principles interference under
    Article 226 of the Constitution for the purpose of setting aside
    election to a municipality was not called for because of the
    statutory provision for election petition and also the fact that
    an earlier writ petition for the same purpose by a defeated
    candidate had been dismissed by the High Court.”

    xxxxxxxx

    22. In this view of the matter, we are of the opinion that it
    was not a fit case where the High Court should have
    exercised its writ jurisdiction.”

    19. In Communist Party of India (Marxist) (supra) a three-judge Bench of

    Hon’ble Supreme Court observed that any dispute regarding election has

    to be pursued in the manner which is provided in Part VII of the Panchayat

    Election Act. The Panchayat Election Act is a complete code in regard to

    conduct of the poll and for the resolution of disputes concerning the

    validity of the election. Article 243K entrusts the superintendence,
    26

    2026:CHC-AS:566

    direction and control over the conduct of all elections to the panchayats in

    the State Election Commission. The discipline which is mandated by the

    provisions of the Constitution and enforced by the enabling State law on

    the subject must be maintained. Any dispute in regard to the validity of

    the election has to be espoused by adopting a remedy which is known to

    law namely through an election petition. It is at the trial of an election

    petition that factual disputes can be resolved on the basis of evidence. It

    observed that once the election process has commenced, it is trite law that

    it should not be interdicted mid-stage.

    20. In Laxmibai (supra) a three-judge Bench of the Hon’ble Supreme Court

    observed as follows:

    “43. Section 10-A of the 1959 Act and Section 9-A of the 1961
    Act read with Articles 243-K and 243-O, are pari materia with
    Article 324 of the Constitution of India. In view of the judgments
    referred, we find that the remedy of an aggrieved person
    accepting or rejecting nomination of a candidate is by way of an
    election petition in view of the bar created under Section 15-A of
    the 1959 Act. The said Act is a complete code providing
    machinery for redressal to the grievances pertaining to election
    as contained in Section 15 of the 1959 Act. The High Court
    though exercises extraordinary jurisdiction under Article 226 of
    the Constitution of India but such jurisdiction is discretionary in
    nature and may not be exercised in view of the fact that an
    efficacious alternative remedy is available and more so exercise
    restraint in terms of Article 243-O of the Constitution of India.
    Once alternate machinery is provided by the statute, the
    recourse to writ jurisdiction is not an appropriate remedy. It is a
    prudent discretion to be exercised by the High Court not to
    interfere in the election matters, especially after declaration of
    the results of the elections but relegate the parties to the remedy
    27

    2026:CHC-AS:566

    contemplated by the statute. In view of the above, the writ
    petition should not have been entertained by the High Court.
    However, the order of the High Court that the appellant has not
    furnished the election expenses incurred on the date of election
    does not warrant any interference.”

    21.Similarly the Full-bench of Hon’ble Bombay High Court in Karmaveer

    Tulshiram Autade (supra) after considering various decisions of Hon’ble

    Supreme Court including N.P Ponnuswami (supra) and Mohinder Singh Gill

    (supra) has held that Article 243-O of the Constitution of India is a bar for

    entertaining a writ petition under Article 226 of the Constitution of India

    against an order of rejection passed by Returning Officer.

    22. In Surajit Paramanik (supra) the Hon’ble Division Bench of this court has

    acceded and adopted the aforesaid observation of the Full-Bench of

    Hon’ble Bombay High Court and held that the rejection of nomination

    paper give rise to an election dispute. Such dispute can be resolved only by

    filing an election petition in accordance with the provisions of West Bengal

    Panchayat Elections Act, 2003 read with rules framed thereunder. Under

    Article 243-O of the Constitution, there is a constitutional bar to the

    maintainability of any other form of legal proceeding for adjudicating an

    election dispute. It is time that judicial review is part of the basic structure

    of the Constitution and that power of High Court’s cannot be ousted by

    any piece of legislation. However, it is a discretionary power, and it will be

    a sound exercise of discretion to decline to exercise such power always

    when an election dispute is sought to be made the subject matter of a writ

    petition. Bearing in mind the aforesaid observation and reverting to the
    28

    2026:CHC-AS:566

    facts of this case it is found that the acceptance of nomination of the

    concerned candidate after declaration of Panchayat Elections 2023, is

    challenged in the present proceedings by way of filing a writ petition,

    which is an election dispute and therefore can only be resolved by filing an

    election petition in accordance with the provisions of Act of 2003 read with

    rules framed thereunder.

    23. Under similar circumstances the Hon’ble Division Bench of this Court

    in Sanjay Mondal (supra), Nimai Ray alias Nimai Roy (supra) and Munsi

    Najbul Karim (supra) has held that writ petition under Article 226 of the

    Constitution of India is not maintainable in case of election disputes.

    24. In view of the judgements referred, this court finds that the remedy of

    an aggrieved person regarding acceptance or rejection of nomination of a

    candidate, being an election dispute, lies by way of an election petition in

    view of the bar created under section 80 of the Act of 2003. The said Act is

    a complete code providing machinery for redressal of the grievances

    pertaining to election in the Panchayats. The High Court though exercises

    extraordinary jurisdiction under Article 226 of the Constitution of India

    but such jurisdiction is discretionary nature and may not be exercised

    where an efficacious alternative remedy is available and also bearing in

    mind the provisions of Article 243-O of the Constitution of India which

    pertains to Panchayat Elections putting bar to interference by courts in

    electoral matters. Once alternate recourse is provided by the statute, the

    recourse to writ jurisdiction is not appropriate. The only remedy available

    to aggrieved party would be to raise the disputes as per provisions of the

    Act of 2003. Thus, it appears that the law is well settled that any election
    29

    2026:CHC-AS:566

    dispute insofar as Panchayat election in the State are concerned must be

    resolved by the forum prescribed under the Act of 2003 and the

    jurisdiction of the writ court under Article 226 of the Constitution cannot

    be invoked by an aggrieved party in that regard.

    25. In Resurgence India (supra) the Hon’ble Supreme Court has the

    occasion to deal with voters right to know candidate’s antecedents which is

    a fundamental right under Article 19 (1)(a) of the Constitution of India and

    provision of Section 33A of the Representation of People Act, 1951 which

    was enacted to effectuate the right of voters. It held that acceptance of

    nomination forms with blank particulars in affidavit directly violates the

    fundamental rights. The case addresses the enforcement of affidavit

    requirements for election candidates under the Representation of the

    People Act, 1951 (in short RP Act), particularly Sections 33A, 36, and 125A.

    Be that as it may, the said decision does not lay down any proposition that

    election disputes can be entertained under writ jurisdiction.

    26. The decision in Anoop Barnwal (supra) which is a landmark decision

    by a five-judge Constitution Bench of the Hon’ble Supreme Court of India

    addresses the appointment process for the Chief Election Commissioner

    (CEC) and Election Commissioners (ECs), as essential to free and fair

    elections, a cornerstone of Indian democracy. Thus, the decision is

    distinguishable from the case at hand.

    27. In view of the aforesaid, the writ petition being WPA 15785 of 2023 is

    dismissed as not maintainable.

    28. There shall be no order as to costs.

    29. Interim order, if any, stand vacated.

    30

    2026:CHC-AS:566

    30. All connected applications, if any, stand disposed of.

    31. It is made clear that this Court has not expressed any opinion on the

    merits of the writ petitioner’s grievance as ventilated in the writ petition.

    The petitioner will be at liberty to pursue the statutory remedy that is

    available to her, in accordance with law, if she is still entitled to do so in

    law.

    32. Urgent photostat certified copy of the order if applied for be given to

    the parties upon compliance of all necessary legal formalities.

    (Bivas Pattanayak, J.)



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