PROTIK PRAKASH BANERJEE, J. - (1.) The present writ petition appears to levy a challenge to an election held for a post in a Gram Panchayat and calls into question the election and seeks a by-poll before this court under Article 226 of the Constitution of India.
(2.) The petition has been moved on service and the respondents are present. Let the affidavit-of-service be kept with the record. I treat the writ petition ready as regards service.
(3.) At the outset a preliminary objection has taken by Mr. Tapan Mukherjee, learned senior advocate for the State-respondents, and Mr. Debasish Ghosh, learned advocate for the Election Commission. Their preliminary objection is that the jurisdiction of the writ court is barred in terms of clause (b) of Article 243 O to the Constitution of India. Mr. Ghosh further draws the attention of the court to Section 79 of the West Bengal Palchayat Elections Act, 2003 and he submits that this is a statute made within the meaning of Article 243O(b). He further submits that disputed questions of fact will have to be gone into and evidence required to be taken for it and the court under Article 226 of the Constitution of India is singularly handicapped in such an examination.;