BHARATIYA JANATA PARTY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-1-116
HIGH COURT OF CALCUTTA
Decided on January 28,2020

BHARATIYA JANATA PARTY Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

RAJASEKHAR MANTHA,J. - (1.) The writ petitioner is a political party and has challenged the process of Election to be held to the Howrah Municipal Corporation.
(2.) The specific issue urged is that after publication of a draft order, in terms of Rules 3 and 4 of the West Bengal Municipal Elections (Reservation of Seats) Rules, 1994 on 20th December, 2019, objection was filed by the petitioner on 2nd January, 2020.
(3.) The petitioner would argue that an All Party Meeting was called by the Election Commission and was held but the objection of the petitioner was not heard. Counsel appearing on behalf of the Election Commission would rely upon Rule 4(2) and 4(3) of the aforesaid West Bengal Municipal Elections (Reservation of Seats) Rules, 1994 stating that the Commission is required to receive objections to the draft order published under Rule 4(1) and is only required to consider the same and dispose them off. No hearing is contemplated in the said Order. ;


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