Date: 04tl'May 2015
From:SUJIT PAI,45(3 1/3) Sitalatala Road,Chatra, Serampore,
Hooghly, Pin- 712204
ToThe Municipal Returning Officer
&Sub-Divisional Officer. Serampore. Hooehly. 712201.
Sub: lllegal Cancellation/Reiection of my Nomination Paper from
Ward no 3 of Baidyabati Municipality.
Ref: My lerter dt. 26.03.15,27.03.15 & 18.04.15 & your
ietter no. 36/RM/SRP dt.23.04.15
Respected sir
With reference to the above I like to draw your kind attention
that I have received your letter no. 36/RM/SRPdt. 23.04.15
(photocopy enclosed as Annexure I) on 02105115, I have submitted
nomination paper as anindependent candidate from Ward No
- 3 of Baidyabati Municipality on 2310312015 at 3 PM and
scrutiny of
the same was scheduled on 26103115 at 12.30 PM at SDO Office,
Serampore (photocopy enclosed marked asAnnexure
-II). Scrutiny of my nomination papers was taken up at said time
and venue and successfullyscrutinised as eligible candidate before
the AMRO, Baidyabati Municipality (Ward 1 to 11). After 3 PM I
wasagain called for re-scgrtiny and was informed that one Sri
Arindam Guin (AITC candidate of said constituency)lodged objection
against my candidature regarding subsistence of contractual
obligation with BaidyabatiMunicipality. I put forward all logical
reasons based on legal provisions to make you understand
theexplanation portion of section 94. of the Representation of
Peoples Act 1951 which clearly allow me to contestin the Municipal
election. I also submitted you all relevant documents in support of
my claim but you did notpay any heed to my words and ignored my
submission. After that I preferred an appeal in writing with
allsupporling documents (photocopy enclosed marked as Annexure III)
at 5.72 PM on the same day at yourreceiving section. On27.03.2015
(photocopy enclosed marked as Annexure IV) I prayed before you
forproviding me the "Cancellation Order" with reason and copy of
cornplaint lodged by Sri Arindam Guin with allenclosures but you
did not respond to my prayer. Finding no other way I approached
Hon'ble High Court,Calcutta through a Writ Petition and Hon'ble
Justice I. P. Mukherjee, in his judgement ordered (photocopy
oforder enclosed marked as Annexure V) to furnish the reasons of
such cancellation or rejection.
As Per SriMrinalKantiHalder,MRO &sD0,Serampore
The orders of West Bengal State Election Commission vide no.
459(19)-SEC/6D-9/2010 dt. 04.03.75Para III sub-para (x) Contractors
- In the case of any enlisted contractor or plumber having
subsistingcontract with a particular Municipality for execution of
any work, such contractor or plumber as the casemay be shall not be
eligible as enjoined under Section 30 (7) (0 of the West Bengal
Municipal Election Act,7994. However, if on the date of filling of
nomination such contracts do not subsist for any valid reasonssuch
as legal termination of the contracts, completion of work resulting
in termination of contact, suchcontractors / plumbers not enrolled
in the List of Contractors prepared in a lawful manner in this
behalf,shall be eltgible. However, in case of a contro.ctor who has
completed his work but has not received fullpayment or,,^those
security deposit has not been refunded, his contractual obligations
still persist and he/sheshall not be eligble to contest.
t_-{CJ5]]i5c
0n myside (SuiitPal)
The Representation of People Act 1951- Section - 9A.
Disqualification for Government contracts.eIs,-A persln shall be
disqualified if , and for so long as, there subsists a contract
entered into by him inthe course of his trade ' or business with
the appropriate Government for the supply of goods to, or for
theexecution of any works undertaken by, that
Government.Explanation.-For the purposes of this secLion, where a
contract has been fully performed by the person bywhom it has been
entered into with the appropriate Government, the contract shall be
deemed not tosubsist by reason only of the fact that the Government
has not performed its part of the contract eitherwholly or in
part.Which clearly allows myself to contest in the Municipal
Election.Clarification: - I had a contract with the Chairman,
Baidyabati Municipality on 24.12.13 for execution ofworkTHE DETAILS
OF EXECUTION oF woRKARE GIVEN BELow:-# TENDER NOTTCE NO.
T_13lP.W.D./13-14 DT.04.12.13. # SCHEME NO. 3RD SFC/12-13/ 14 #
WORKORDER NO.7Ol13-14 DT.08.01.2014. # NAME OF WORK IMPROVEMENT OF
BLACKTOP ROAD AT UPENNANDY ROAD & KANAI DEWAN TATA (FRoM
TTAILWAY BRIDGE To CHATUGAN] N T ROAD IN, ANDCHATUGANJ JN. TO FERRY
GHAT) AT WARD NO. 5 UNDER BAIDYABATI MUNICIPALITY. #COMMENCEMENT
DATE: 03/02/14, # COMPLETION DATE: 23/03/2014 # MB NO- 2013(14)14.
PAGE NO-76 TO 93.# GROSS BILL AMOUNT. RS. 3, 59,327/.As per terms
of contract dt. 24.12.13 of clause no 9, the Chairman, Baidyabati
Municipality liable to makepayment within one month of completion
ofjob but the authority (the Chairman, Baidyabati
Municipality)failed to pay the final bill. I requested Chairman,
Baidyabati Municipality and his higher officials (SDO,Serampore
also included in this list) many times vide letter dt.
24.03.14,28.11.14,16.12.14 & 31.12.14.The Chaiman, Baidyabati
Municipality, Ietter dt. 31.12.14. to Executive Officer &
Finance Officer,Baidyabati Municipality, letter dt. 19.01.15 to The
Joint Secretary, Department of Municipal Affairs, ThePrincipal
Accountant General (A & E), The Principal Accountant General
(Receipts, Works & local BodiesAudit), The District Magistrate
& Collector, Hooghly, The Director of Local Bodies, Gor,,t. of
W.B, TheDeputy Director of Local Bodies, Burdwan Division. Govt. of
W.B. The Sub-Divisional Officer,Serampore, Hooghly. (all 7 nos"
photocopy enclosed herewith marked as Annexure VI)" Finally
paymentwas released on 19.03.2015 by intervention of Dy. Secretary,
Municipal Affairs, Gor,t. of W.B. (photocopyof letter enclosed
marked as Annexure VII) which as per terms of contract with the
Chairman BaidyabatiMunicipality should have been done in the month
of May 2014. The above facts and documents amplyprove that
government (Baidyabati Municipality) has not performed its duty as
per contract.
I hope that I am able to prove that cancellatiodrejection of my
nomination paper from ward no 3 of BaidyabatiMunicipality is not
based on documentary evidences and legal provisions and I was
deprived of my legitimate anddemocratic rights given under
constitution. An earl1, action from your end is highly
solicited.
(SUJIT PAL)Encl. as stated (Annexure - I to Annexure - VII total
15 pages.)NIO: Copy forwarded for information and taking necessarv
steps please:
tr The District Magistrate & District Municipal Election
Officer, Chinsurah, Hooghly. 7l2l0l.
tr The State Election Commissioner, West Bengal State Election
Commission, 18 Sarojini Naidu Sarani (Rawdon Street)oKolkata-
700017.
I The Secretary, West Bengal State Election Commission, 18
Sarojini Naidu Sarani (Rarvdon Street), Kolkata- ':.00017"
n The O.S.D. & E.O. Joint Secretary, West Bengal State
Election Commission, I8 Sarojini Naidu Sarani (Rarvdon
Street),Kolkata- 70001 7.
C\0)ollro
L