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Judgment
Heard Mr. S.A. Sheikh, learned counsel for the petitioners as well Mr. K.P. Bhattacharjee, learned State counsel.
The brief fact of the petitioner''s case in a nutshell is that:
In pursuance to the Order dated 22-06-2015 and 30- 06-2015 issued by the Block Development Officer, Selsella C&RD Block,
West Garo Hills, (respondent No. 3) the election for the constitution of Office bearers of VEC of Kandergoan village was held on
30- 7-2015. In the said election, the petitioners No.1, 2, 3 contested for the post of Secretary and petitioners No. 4, 5, 6 and 7
contested for the post of President, however, the respondent No. 4 and 5 were declared win as the Secretary and President of the
said VEC and thereafter the result of the election was approved by the respondent No. 3 vide Order dated 04-08-2015. During
2014-2015 the respondent authorities initiated the process to conduct verification of job card of the household and in the said
process 85 numbers of household''s job card were deleted from the petitioner''s village leaving only 337 household''s job card out of
Thereafter, an updated list containing 337 numbers of job cards database prepared by the respondent No.3 who are only
entitled to received employment under the MGNREGS and can also participate in the election process for constitution of the VEC.
However, the Respondent No. 3, in the said election dated 30-7-2015 allowed some voters to cast their vote outside the updated
voter list/job card list which contain only 337 numbers of household/job card, resultantly, the total number of vote polled exceeded to
368 which is beyond the updated list. The said irregularities/illegalities committed in conducting the election was brought to the notice
of the respondent No.2 by the petitioners by filing a representation dated 04-08-2015, however, no action was taken by the
respondent No. 2, hence this writ petition filed by the petitioners before this Hon''ble Court seeking necessary direction/order.
The learned counsel for the petitioners submits that, at the time of casting of vote, it was noticed and found that the number of voters is higher
than the electoral roll.
On the other hand, the learned State counsel submits that the increase in number of voters happened due to the new enrollment of the voters. If
it is so, in my considered view, a fresh election is required.
The Impugned result of the election dated 30.07.2015 held for Kandergaon VEC is hereby set aside and the State respondent is directed to
conduct a fresh election publishing a proper electoral roll within a month.
With this observation and direction the writ petition stands disposed of.