- (1.)This writ petition is directed against two several letters/intimations dt. 23rd March, 1984 and 2nd April, 1982 issued by the Secretariat of the Election Commission of India. By and under the said two several intimations the Election Commission expressed its inability to comply with the requisition of the writ petitioners and/or their representative in the matter of inclusion of 16 villages as more fully detailed in the writ petition within the District of Malda as against existing attachment with the District of Murshidabad in so far as the Electoral role of Parliamentary and Assembly Constituencies are concerned.
(2.)By the intimation dt. 23rd Mar., 1984 the Election Commission stated that the area of newly formed Gram Panchayat in Malda District will continue to form part of Assembly Constituency. By other intimation dt. 2nd April, 1982 the Election Commission stated that the extent of a Constituency does not automatically change consequent upon the change in the administrative units. The Election Commission further added that the procedure described in S. 9, Representation of the People Act, 1950, is required to be followed and till that is done the extent of Constituency is to be read as shown in the Schedules for the State of West Bengal in the Delimitation of Parliamentary and Assembly Constituency's Order, 1976.
(3.)The principal contention of the writ petitioners is that the Election Commission is only to perform its duty envisaged under S.9(1)(b), Representation of the People Act, 1950. S.9(1)(b) of the said Act of 1950 Act, reads as follows : - 9. Power of Election Commission to maintain Delimitation Order up to date - (1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned - (a)..................... (b) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for the Order up to date.