{"id":304541,"date":"2023-10-12T17:00:52","date_gmt":"2023-10-12T11:30:52","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=304541"},"modified":"2023-10-19T10:17:22","modified_gmt":"2023-10-19T04:47:22","slug":"calcutta-high-court-upholds-initial-counting-result-in-west-bengal-panchayat-elections-2023-scc-blog","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/10\/12\/calcutta-high-court-upholds-initial-counting-result-in-west-bengal-panchayat-elections-2023-scc-blog\/","title":{"rendered":"West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result"},"content":{"rendered":"
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Calcutta High Court:<\/span> In a case challenging the vote recounting process in West Bengal Panchayat General Elections, 2023 after declaration of result, a single-judge bench comprising of Amrita Sinha,*<\/span> J., held that the recounting did not comply with the prescribed law and that it was conducted in an unfair and biased manner. The Court further held that the result of the initial counting should be treated as the final declaration of the result.<\/p>\n

Factual Matrix<\/p>\n

In the instant matter, the petitioner contested the Panchayat General Elections in 2023 for a Panchayat Samity seat. After the initial counting on 11-07-2023, the petitioner was declared the winner with a margin of six votes. The petitioner was informed that the winning certificate would be issued shortly.<\/p>\n

On the morning of 12-07-2023, the petitioner learned that the votes were recounted, and he was declared the loser. The recounting was initiated by the Block Development Officer (BDO) in the absence of the counting officer, who had left after the initial result declaration.<\/p>\n

The petitioner alleged that the recounting was done in the interest of the candidate supported by the ruling dispensation, and it involved manipulation. The petitioner filed a complaint, and the respondent authorities did not address his grievance, leading him to file the present writ petition before this Court.<\/p>\n

The petitioner prays for an inquiry into the malpractice at the hands of the respondent authorities and seeks an order not to give any effect to the result declared in respect of the disputed seat in the Panchayat Samity.<\/p>\n

Moot Point<\/p>\n

    \n
  1. \n

    Whether the recounting of votes in the Panchayat Samity election conducted in accordance with the relevant laws and guidelines?<\/p>\n<\/li>\n

  2. \n

    Whether the recounting affected the election result and, if so, whether it should be upheld?<\/p>\n<\/li>\n

  3. \n

    Whether the petitioner’s allegations of manipulation and unfair conduct on the part of the Block Development Officer are substantiated?<\/p>\n<\/li>\n<\/ol>\n

    Rule of Law<\/p>\n