WB Panchayat Elections| Time Fixed For Filing Nominations Is Inadequate, EC To Decide On Deployment Of Central Forces: Calcutta HC

The Calcutta High Court while dealing with PILs filed by Congress leader Adhir Ranjan Chowdhury and Leader of Opposition Suvendu Adhikari relating to the upcoming Panchayat Elections in the State of West Bengal, has observed that prima facie, the time limit fixed by the State Election Commission (SEC) for filing of nominations is inadequate. 

The Court directed to SEC to fix a reasonable time for the candidates to file their nominations. The Court also directed the SEC to take a decision on the demand of the petitioners to deploy central forces in the state during the election. 

A Division Bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya said, “… we are of the view that the time limit fixed in the notification is inadequate. The notification has been uploaded/published today i.e. on 9th June, 2023 and filing of nominations would start from 11 AM today. … Bearing this in mind, the State Election Commission can fix a reasonable time for the prospective candidates to file their nominations because it is insisted that nominations have to be filed in physical form.”

The Bench further said that it would appear to be hurrying up the process which needs to be reconsidered by the SEC.

Senior Advocate Guru Krishna Kumar with Advocate Lokenath Chatterjee appeared for Suvendu Adhikari while Advocate Koustav Bagchi appeared for Adhir Ranjan Chowdhury and Senior Advocates Kalyan Bandopadhyay for the State, Senior Advocate Jishnu Saha for the SEC and ASG Ashoke Kr. Chakrabarti for the Centre.

The writ petitions were filed as PILs (Public Interest Litigations) with a prayer for a writ of mandamus to set aside the notification issued by the SEC notifying the elections for the Panchayats and issue the same afresh after implementation of the demands made by the writ petitioner. The petitioners also sought the deployment of central forces from the date of filing nomination till the declaration of results for a direction upon the Election Commissioner to ensure that the candidates are permitted to file their nominations.

The High Court in view of the above prayers noted, “… the Court is able to decipher that the object of the writ petitions is not to stall the elections nor interdict the election process. This is presumably because the petitioners are aware of the legal position in this regard. The endeavour of the petitioners appears to be to ensure free and fair election.”

The Court observed that the endeavour of the SEC should be that there should be fair and free elections and the electorate should have confidence in the Election Commission that all will be done well so that they can exercise their franchise in a peaceful manner and elect their desired representative.

“It is not clear as to what is the apprehension in the minds of the prospective candidates or that of the petitioners. It is said that past instances do not give them confidence to file their nominations before the concerned Block Development Officer of the Panchayat. This issue can also be examined by the State Election Commission”, said the Court.

The Court further noted that right from the stage of filing of nomination till the counting of votes and publishing results the entire process should be videographed and the said video footages have to be protected and preserved and that the duty lies with the SEC in this regard.

With regard to the deployment of Central Forces, the Court said that if in the opinion of the SEC, it would augur well to seek the deployment of Central Forces so that the State Police Force can work along with the Central Forces to preserve and maintain law and order situation, it is for the SEC to take a decision in that regard. The Court, therefore, called for a response from SEC on such an issue.

“The other concerns expressed in the writ petitions shall also be taken note of by the State Election Commission and their response to such issues shall be filed in the form of a report before this Court on 12th June, 2023”, directed the Court.

Accordingly, the Court listed the matter on June 12, 2023.

Cause Title- Adhir Ranjan Chowdhury v. The West Bengal State Election Commission and Ors.

Click here to read/download the Order