SANGITA MAJHI Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-1-36
HIGH COURT OF CALCUTTA
Decided on January 11,2019

Sangita Majhi Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) The above referred four writ petitions were analogously heard since each and all essentially raise a common point of law.
(2.) The issue raised is as follows:- Whether a candidate, although belonging to the Reserved Category (R), who has not declared himself as belonging to the R Category at the point of contesting for a seat/constituency to the Gram Panchayat (GP) in issue, can subsequently be allowed to declare his R category and, on the basis of the subsequent declaration, contest for an office of the GP, i.e. Pradhan or UpaPradhan which stands reserved for the R Category.
(3.) Straightaway taking this Court to Form 2 of the West Bengal Panchayat Election Rules, 2006 (for short the 2006 Election Rules), Mr. Bikash Ranjan Bhattacharya, Ld. Senior Counsel appearing for the writ petitioner in WP 15616(W) of 2018 (In Re: Sudan Kaibarata vs. State of West Bengal & Ors.) (hereinafter referred to for convenience as only WP-I), submits that Form 2 is the nomination paper to be filled in by a candidate at the time of contesting for a seat/constituency to the GP in issue. Form 2 also contains the rider attached to the filing of the nomination that to the best of his knowledge and belief the candidate is qualified and also not dis-qualified to be nominated as a candidate under any law for the time being in force.;


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