Calcutta HC Grants Extension Of Time To Shiksha Bandhus And Voluntary Resource Persons To File Nomination For Panchayat Elections

Taking note of the fact that the State Election Commission had made the Siksha Bandhus and Voluntary Resource Persons under the School Education Department eligible to contest the Panchayat Elections by notification issued only on June 14, 2023, the Calcutta High Court directed that the time for filing nominations shall be extended till the close of hours on June 16, 2023, for the Shiksha Bandhus and Voluntary Resource Persons alone.

The Division Bench of Chief Justice T.S Sivagnanam and Justice Uday Kumar, therefore, directed the State Election Commission to immediately circulate this communication to all the Panchayat Returning Officers with a direction to accept nominations submitted by the Shiksha Bandhus and Voluntary Resource Persons under the School Education Department till the close of hours on June 16, 2023.

Advocate Chittaranjan Panda appeared for the Petitioner, whereas Senior Advocates Jayanta Mitra & Kishore Datta appeared for the Election Commission.

In a nutshell, the PIL was filed by a permanent employee of the State Government as Shiksha Bandhu (CLRC Coordinator), seeking issuance of a writ of mandamus to allow the Shiksha Bandhus also to contest in the ensuing panchayat Election.

The Bench found that a notification was issued barring the Shiksha Bandhus from participating in the ensuing Panchayat Election by way of notification issued on May 27, 2022, and therefore, the Shiksha Bandhus submitted a representation to the State Election Commission on Apr 21, 2023, for withdrawal of the notification and the circular by which the Shiksha Bandhus were made ineligible to offer themselves as a candidate for the ensuing Panchayat Elections.

The Bench also noted that the State Election Commission has stated that Shiksha Bandhus and Voluntary Resource Persons under School Education Department are eligible to contest Panchayat elections and all Panchayat Returning Officers were informed accordingly.

However, the counsel for the Petitioner prayed that the date of filing the nomination be extended since they received the communication only on June 14, 2023, and there was hardly any time left for the Shiksha Bandhus who are numbering more than 2500 to file their nomination.

Therefore, considering the peculiar facts and circumstances of the case and also taking note of the submission in the earlier writ petition that the Commission was willing to postpone the date by one day, the High Court granted an extension of time to the Shiksha Bandhus and Voluntary Resource Persons to file their nomination.

Cause Title: Sunit Sarkar v. Commissioner, West Bengal State Election Commission, and Anr.

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