Date: 04tl'May 2015

From:

SUJIT PAI,
45(3 1/3) Sitalatala Road,
Chatra, Serampore, Hooghly, Pin- 712204
To

The 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/SRP
dt. 23.04.15 (photocopy enclosed as Annexure I) on 02105115, I have submitted nomination paper as an
independent 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 as
Annexure -II). Scrutiny of my nomination papers was taken up at said time and venue and successfully
scrutinised as eligible candidate before the AMRO, Baidyabati Municipality (Ward 1 to 11). After 3 PM I was
again 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 Baidyabati
Municipality. I put forward all logical reasons based on legal provisions to make you understand the
explanation portion of section 94. of the Representation of Peoples Act 1951 which clearly allow me to contest
in the Municipal election. I also submitted you all relevant documents in support of my claim but you did not
pay any heed to my words and ignored my submission. After that I preferred an appeal in writing with all
supporling documents (photocopy enclosed marked as Annexure III) at 5.72 PM on the same day at your
receiving section. On27.03.2015 (photocopy enclosed marked as Annexure IV) I prayed before you for
providing me the "Cancellation Order" with reason and copy of cornplaint lodged by Sri Arindam Guin with all
enclosures 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 of
order enclosed marked as Annexure V) to furnish the reasons of such cancellation or rejection.

As Per Sri
Mrinal

Kanti
Halder,
MRO &
sD0,
Serampore

The orders of West Bengal State Election Commission vide no. 459(19)-SEC/6D-9/2010 dt. 04.03.75
Para III sub-para (x) Contractors - In the case of any enlisted contractor or plumber having subsisting
contract with a particular Municipality for execution of any work, such contractor or plumber as the case
may 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 reasons
such as legal termination of the contracts, completion of work resulting in termination of contact, such
contractors / 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 full
payment or,,^those security deposit has not been refunded, his contractual obligations still persist and he/she
shall not be eligble to contest.
t_-{
CJ

5]]
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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 in
the course of his trade ' or business with the appropriate Government for the supply of goods to, or for the
The Representation of People

execution of any works undertaken by, that Government.

Explanation.-For

of this secLion, where a contract has been fully performed by the person by
whom it has been entered into with the appropriate Government, the contract shall be deemed not to
subsist by reason only of the fact that the Government has not performed its part of the contract either

0n my
side (Suiit

the purposes

wholly or in part.

Pal)

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 of
work
THE 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 # WORK
ORDER NO.7Ol13-14 DT.08.01.2014. # NAME OF WORK IMPROVEMENT OF BLACKTOP ROAD AT UPEN
NANDY ROAD & KANAI DEWAN TATA (FRoM TTAILWAY BRIDGE To CHATUGAN] N T ROAD IN, AND
CHATUGANJ 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 NO76 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 make
payment 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, The
Principal Accountant General (A & E), The Principal Accountant General (Receipts, Works & local Bodies
Audit), The District Magistrate & Collector, Hooghly, The Director of Local Bodies, Gor,,t. of W.B, The
Deputy 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 payment
was released on 19.03.2015 by intervention of Dy. Secretary, Municipal Affairs, Gor,t. of W.B. (photocopy
of letter enclosed marked as Annexure VII) which as per terms of contract with the Chairman Baidyabati
Municipality should have been done in the month of May 2014. The above facts and documents amply
prove that government (Baidyabati Municipality) has not performed its duty as per contract.

am able to prove that cancellatiodrejection of my nomination paper from ward no 3 of Baidyabati

Municipality is not based on documentary evidences and legal provisions and I was deprived of my legitimate and
democratic rights given under constitution. An earl1, action from your end is highly solicited.
hope that

(SUJIT PAL)
Encl. as stated (Annexure - I to Annexure - VII total 15 pages.)
NIO: Copy forwarded for information and taking necessarv steps please:

7l2l0l.

tr

The District Magistrate & District Municipal Election Officer, Chinsurah, Hooghly.

tr

The State Election Commissioner, West Bengal State Election Commission, 18 Sarojini Naidu Sarani (Rawdon Street)o

The Secretary, West Bengal State Election Commission, 18 Sarojini Naidu Sarani (Rarvdon Street), Kolkata- ':.00017"

The O.S.D. & E.O. Joint Secretary, West Bengal State Election Commission, I8 Sarojini Naidu Sarani (Rarvdon Street),

Kolkata- 700017.

Kolkata- 70001 7.

C\0)

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