Calcutta HC Directs CBI Investigation On A Plea Alleging Tampering Of Election-Related Papers By Panchayat Officer

The Calcutta High Court has directed the CBI probe while dealing with a plea alleging tampering of election-related papers by the Panchayat Returning Officer.

A Single Bench of Justice Amrita Sinha said, “The Panchayat Returning Officer, who videographed the entire incident is directed to properly maintain and preserve the footage and the instruments, equipments in which such footage was recorded and all the footage with the recording instruments and equipments from the date and time when the nominations were filed by the petitioners till the time the same was re-scrutinized upon direction passed by the Court shall be handed over the respondent No.12 as and when sought for.”

The Bench has further ordered that the investigation be conducted at the earliest positively by July 5, 2023.

Advocates Sabyasachi Chatterjee and Omar Faruk Gazi appeared for the petitioners while Advocate Shamim Ul Bari appeared for the State and Advocate Sonal Sinha appeared for the State Election Commission (SEC).

In this case, a writ petition was preferred by the petitioners raising serious allegations against the Panchayat Returning Officer who was responsible for accepting the nomination papers from the candidates interested to contest in the Panchayat General Election, 2023. A specific allegation of the petitioners was that the concerned officer had tampered with the documents filed by the petitioners at the time of submitting the nomination papers.

Both the petitioners were members of the OBC ‘A’ Category having certificates issued by the Sub-Divisional Officer, Uluberia, and an acknowledgment slip was submitted before the concerned officer which was mentioned in the checklist handed over after filing the nomination papers. Later at the time of scrutiny, it transpired that in place of the expression OBC ‘A’ Category it was mentioned SC (W) (Pending). The tick mark in the checklist in the column for disclosing the caste certificate was struck off by a gel pen.

The High Court in view of the above facts noted, “Learned advocate appearing for the petitioners submit that he was present at the time when the nomination papers were scrutinized by the Returning Officer pursuant to the order passed by this Court. … It has been submitted by the learned advocate appearing for the petitioners that similar incidents have taken place on a number of occasions and an enquiry by an independent authority is called for.”

The Court, therefore, directed the Joint Director of the CBI to conduct an enquiry to ascertain the allegations of the petitioners.

“As it appears that the allegation of tampering has been brought against an officer who is responsible for conducting the election in a free and fair manner, accordingly, the said allegation is required to be enquired into by a competent independent authority. … Submission has been made by the learned advocates appearing for the State Election Commission and the State respondents that the investigation ought to be conducted by the State authority and not by the CBI”, observed the Court.

The Court did not accept the submissions made by the respondent authorities and said that as the officer against whom the allegation is made is acting according to the directives of the State respondents and is also responsible for conducting the election in a free and fair manner, it may not be possible for the State agency to act in an independent way.

“For the purpose of maintaining independency and transparency in the process of investigation, the Court thinks it fit to direct the CBI to conduct the investigation and file a report before this Court”, directed the Court.

Accordingly, the Court listed the matter on July 7, 2023.

Cause Title- Kashmira Begam Khan and Anr. v. Secretary, West Bengal Election Commission and Ors.

Click here to read/download the Order