JAVED AHMED KHAN vs ELECTION COMMISSION OF INDIA AND ORS

Court
Calcutta High Court

IN THE HIGH COURT AT CALCUTTA
(Constitutional Writ Jurisdiction)
APPELLATE SIDE

Present:
The Hon’ble Justice Krishna Rao

WPA No. 10464 of 2026

Javed Ahmed Khan
Versus
Election Commission of India & Ors.

Mr. Biswaroop Bhattacharyya
Mr. Sumitava Chakraborty
Mr. Khalid Ali

…….For the petitioner
Mr. D.S. Naidu, Ld. Sr. Adv.
Mr. Prateek Kumar
Mr. Deepak Sharma
Mr. Ghanashyam Pandey
Mr. Kumar Utsav
....For the Election Commission of India.

Mr. Jishnu Chowdhury, Sr. Adv.
Ms. Anamika Pandey
Ms. Sanskrit Agarwal
Mr. R. Pandey

…….For CEO.

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Hearing Concluded On : 30.04.2026
Judgment On : 30.04.2026
Krishna Rao, J
1. The only question raised in the present writ petition is whether the
Returning Officer can change the counting centre in respect of 149-
Kasba Assembly Constituency from Gitanjali Stadium, Rajdanga Main
Road, Sector-B, PS- Kasba, Kolkata -700 107 to Viharilal College, 20B,
Judges Court Road, Alipore, Kolkata- 700 027.

2. Mr. Biswaroop Bhattacharyya, Learned Counsel for the petitioner has
relied upon the Clause 14.5.1 of the Handbook for candidate and
submits that the Returning Officer shall at least one week before the
date fixed for the poll, intimate in writing to each contesting candidates
or his/her election agent, the date, time and place or places of counting
of votes as per forms prescribed by the commission for the purpose,
vide Annexure-18 or Annexure-19 as may be applicable.

3. Mr. Bhattacharyya submits that in the present case, the Returning
Officer by violating the Clause 14.5.1, has changed the counting centre
of the petitioner. He further relied upon Rule 51 of the Conduct of
Elections Rules, 1961 and submits that the Returning Officer shall at
least one week before the date, or the first of the dates fixed for the poll,
appoint the place or places where the counting of votes will be done and
the date and time at which the counting will be commenced and shall

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give notice of the same in writing to each candidates or his election
agent.

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4. Mr. Bhattacharyya submits that on 26 April, 2026, the Returning
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Officer has issued the notice of urgent meeting on 27 April, 2026 for
smooth conduct of electoral process and accordingly the petitioner has
participated in the said meeting and it is first informed to the petitioner
that the counting will be done at Gitanjali Stadium, Rajdanga Main
Road, Kasba but all of a sudden, the Returning Officer has issued the
impugned notice by fixing the counting station at Viharilal College
which is about 8 kms. from Gitanjali Stadium wherein the EVM is kept
after completion of the voting process.

5. Mr. Jishnu Chowdhury, Learned Senior Advocate, representing the
respondent authorities submits that the authorities has taken the
decision for that 3 Assembly Constituencies will have one common
counting venue and accordingly the Returning Officer has decided that
the counting station of the petitioner’s constituency shall be at Viharilal
College instead of Gitanjali Stadium.


6. Mr. Chowdhury further submits that as per the contention of the
petitioner in the year 2021, the counting station of Kasba constituency
was at Gitanjali Stadium and thus it cannot be changed to Viharilal
College but it is the authority to decide for fair and free counting of the
votes which place the counting is to be done. Accordingly, the

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authorities have decided that the counting centre of the constituency of
the petitioner shall be at Viharilal College.

7. He further submits that it is the duty of the respondent authorities to
bring all the EVM machines to the counting stations in a proper way
and all the counting is to be done under the CCTV Vigilance and thus
there is no illegality for fixing the counting station of the constituency
of the petitioner at Viharilal College.

8. It is further submitted that the commission has taken the decision that
counting centres should be located at the District Headquarter or in
exceptional cases at the Sub-Divisional Headquarters. In the meeting
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held on 27 April, 2026, itself it is decided that changed of counting
venue from Gitanjali Stadium to Viharilal College and movement plan
for transfer of poll EVMs from temporary strong room at Gitanjali
Stadium to newly designated at Hastings immediately after completion
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of RC on 29 April, 2026 and the same was explained in the said
meeting.


9. Heard the Learned Counsel for the respective parties, perused the
materials on record. Clause 14.5.1 provides that the Returning Officer
shall at least one week before the date fixed for the poll, intimate in
writing to each contesting candidates or his/her election agent the
date, time and places of counting of votes as per form prescribed by the
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Commission. The election was held on 29 April, 2026 and the notice
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was issued on 26 April, 2026 for conducting meeting on 27 April,

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2026 at Gitanjali Stadium. The petitioner has not challenged that the
notice was not issued in terms of Clause 14.5.1. The petitioner has
participated in the said meeting and in the said meeting itself it was
decided that the counting venue will be shifted to Viharilal College.

10. Proviso of Rule 51 provides that if for any reasons, the Returning
Officer finds it necessary so to do, he may alter the date, time and place
or places so fixed or any of them after giving notice of the same in
writing to each candidates or each election agents. From the documents
relied by the respondent authorities, this Court finds that the
authorities have taken the decision that counting centres must
ordinarily be located at the District Headquarter and only in the
exceptional circumstances, counting may be allowed at Sub-Divisional
Headquarters, subject to proper justification. It is also decided that
preference to be given to secure Government buildings ensuring
administrative control and security feasibility. The counting venue is
shifted from Gitanjali to Viharilal College for the purpose of centralized
counting arrangements/ rationalization policies and for locating
counting centres near District Headquarter zone.

11. Considering the above, this Court did not find any illegality by shifting
the counting centre from Gitanjali Stadium to Viharilal College.

12. In view of the above, WPA No. 10464 of 2026 is dismissed .
Parties shall be entitled to act on the basis of a server copy of the
Judgment placed on the official website of the Court.

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Urgent Xerox certified photocopies of this judgment, if applied for,
be given to the parties upon compliance of the requisite formalities.

(Krishna Rao, J.)