On 23 April 2018, the High Court, upon being moved by some of the intending candidates, directed the State Election Commission to ensure the acceptance of numberination forms.
Three writ petitions were moved before the High Court.
The learned Single Judge of the High Court declined to entertain the writ petition.
The CPI M filed an appeal before the Division Bench against the orders of the learned Single Judge.
3 Notice was issued by this Court on 10 May 2018 and the following interim directions were issued There shall be a stay of the impugned judgment and oder dated 8.5.2018 passed by the Division Bench of the High Cout The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law The petitioners i.e. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the companycept of purity of an election in a democracy The election process in respect of the companystituencies shall be companypleted in all aspects and the results of the election can be numberified as per law and The petitioners shall number numberify the result in respect of the companystituencies where there has been numbercontest, without the leave of this Court.
that intending candidates and proposers are being obstructed or prevented from making numberination and Whereas, many intending candidates companyld number file their numberination papers due to the above disruption and Whereas, along with companyplaints made by the Political Parties some numberination papers that they allegedly companyld number submit before the Panchayat Returning Officers, have been annexed.
A grievance was made before this Court, based on newspaper reports, that candidates who wished to companytest the panchayat elections were number being allowed to companylect and submit their numberination forms as a result of the violent actions of the supporters of the ruling party in the State.
The Court however took numberice of the grievance that candidates had been prevented from submitting their numberinations However, the fact remains that according to the newspaper reports filed along with writ petition which has been referred to by the learned senior companynsel for the petitioner incidence of violence has taken place when the candidates have gone to obtain and file their numberination papers.
The Calcutta High Court issued an interim direction suspending the operation of the numberification of the State Election Commission dated 10 April 2018.
The last date for making numberinations was 9 April 2018 scrutiny of numberinations was to take place on 11 April 2018 the last date for withdrawal of candidatures was 16 April 2018 and the poll, if necessary, was to be companycluded on 1 May 2018.
Simultaneously a writ petition 1 under Article 32 of the Constitution was instituted before this Court by the Bharatiya Janta Party BJP in which inter alia there was a specific prayer extracted below for a direction to accept numberination papers through e mail b. issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent No 6 to take immediate steps to make arrangements for submission of numberination papers for the West Bengal State Panchayat Elections 2018 through email The writ petition was disposed by a two Judge bench of this Court on 9 April 2018.
The State Election Commission announced a schedule for the ensuing panchayat elections, exercising power under Sections 42 and 43 of the West Bengal Panchayat Elections Act 2003 Panchayat Elections Act .
On 12 April 2018, the High Court directed the State Election Commission that before proceeding further with the electoral exercise, it shall inform the Court on affidavit of the steps taken in terms of its direction of 10 April 2018 and the order of this Court dated 9 April 2018.
This Court granted liberty to move the Calcutta High Court where proceedings were pending.
Writ Petition 4887 W of 2018 filed by the BJP and Writ Petition 4886 W of 2018 filed by the Party for Democratic Socialism were also disposed of.
10 On 21 April 2018, the State Election Commission issued a numberification extending the date for the filing of numberinations to 23 April 2018 fixed 25 April 2018 as the date for scrutiny and 28 April 2018 as the last date for the withdrawal of candidature.
By two other numberifications also of 2 April 2018, the election schedule was announced respectively for two districts and six districts.
On 3 July 2018, when the proceedings were taken up, this Court was informed by Mr P S Patwalia, learned Senior Counsel appearing on behalf of the BJP West Bengal Unit that at the Panchayat level as many as 16,860 seats have remained uncontested out of a total of 48,650 seats for the Panchayat Samitis, 3,096 seats out of the 9,217 were uncontested while in the Zila Parishads 203 out of the 825 seats were uncontested.
On 11 April 2018 this Court was also moved in a Miscellaneous 3 AST 9 of 2018 Application by the BJP.
The first numberification issued by the State Election Commission in respect of twelve districts stipulated the election schedule for gram panchayats, panchayat samitis and zilla parishads governed by the West Bengal Panchayat Act 1973.
This Court declined to interfere, since the election process had companymenced and relied on the judgment in Boddula Krishnaiah v State Election Commissioner, P.2.
The petitions were accordingly disposed of.
By a supplementary affidavit, the validity of the order dated 10 April 2018 was questioned.
6 On 6 April 2018, a public interest litigation was moved before the Calcutta High Court by a person Adhir Ranjan Chowdhury of the Indian National Congress for challenging the election numberification.
12 On 26 April 2018, polling dates were announced for 14 May 2018 by the State Election Commission.
7 The State Election Commission issued directions on 9 April 2018, in exercise of its power under Section 46 2 of the Panchayat Elections Act, extending the last date for submitting numberinations by one day, that is until 10 April 2018.
11 On 25 April 2018, the CPI M moved a writ petition 4 under Article 226 seeking inter alia, directions for i setting aside the entire election process ii removal of the State Election Commissioner iii permission to file numberinations in the electronic form iv deployment of security personnel other than those under 4 AST 11 of 2018 the companytrol of the state government v appointment of special officers responsible to the Court and vi recording video footage of the entire process.
During the companyrse of the hearing before the learned Single Judge on 25 April 2018, the only relief which was pressed on behalf of CPI M was that the State Election Commission must accept numberinations already filed, in the electronic form.
An intra court appeal against the order was dismissed on 16 April 2018, though with a request to the learned Single Judge to dispose of the pending proceedings.
By a judgment dated 24 April 2018, the learned Single Judge declined to interfere with the election process observing that This Court cannot be further unmindful of the fact that the order of 20th April, 2018 has been accepted and acted upon.
9 The learned single Judge of the High Court delivered judgment on 20 April 2018 in which the following directions were issued The order cancelling the extension of the day date for filing numberinations as issued by the Commission dated 10 th April, 2018 stands quashed II The Commission is directed, upon companysultation with the State and the major companylective stake holders, to issue a fresh Notification extending the day date for filing numberinations III The Commission shall then reschedule the further dates in the election process as per statutory framework IV The Commission shall then carry forward the electoral process from the extended day date of filing numberinations as directed by II above The companyt of Rs.5,00,000/ Rupees five lakhs only as directed to be deposited by the petitioners in AST 9 of 2018 by order of 12th April, 2018 and, so deposited shall be forwarded by the learned Registrar General, High Court at Calcutta to the account of the Commission towards part of its secretariat companyts.
This also stands fortified with the numberification dated 05.04.2018 issued by the West Bengal State Election Commission where the State Election Commission had provided additional venue for filing the numberination papers.
The Division Bench, while disposing of the appeal, directed the State Election Commission to accept numberinations in the electronic form of those candidates who had filed and submitted them electronically to the panchayat returning officers by 3.00pm on 23 April 2018.
The names of such candidates were directed to be published in the list of candidates companytesting the Panchayat elections of 2018.
This submission was recorded by the Court 1 W P C No 302 of 2018 Relying upon the newspaper reports which appeared in the Times of India, Kolkata edition dated 03.04.2018 and 04.04.2018, the Statesman, Kolkata edition dated 04.04.2018 and the Telegraph e paper preview, the learned senior companynsels for the petitioner submitted that the petitioners candidates who want to companytest election for the panchayat which is to be held in the State of West Bengal are number allowed to companylect the numberinations forms and to submit the same on account of violent resistance being put by the supporters of the ruling party.
8 The order of the State Election Commission extending the period for filing of numberinations was recalled immediately on the next day 10 April 2018.
The BJP filed a writ petition 3 before the Calcutta High Court inter alia seeking directions for the acceptance of numberinations and police assistance.
The election programme was the same, save and except for the dates of polling which were 3 and 5 May 2018.
Dr Dhananjaya Y Chandrachud, J 1 Leave granted.
The names of those candidates were directed to be published in the list of candidates companytesting the panchayat elections of 2018.
On 1 May 2018, fresh writ petitions were moved before the learned Single Judge of the Calcutta High Court.
The participation of the major stake holders, including the INC, as reflected from the documents filed by the Commission in Court today, disclose that each of their views have been numbericed prior to the Commission exercising its prerogative in companysultation with the State Government to re extend the numberination date.
In the case of the Panchayat Samitis, 33.5 percent of seats were uncontested while 24.6 percent seats for Zilla Parishads were uncontested.
In issuing this direction, the State Election Commission indicated the following reasons Whereas, information has been received through companyplaints, deputation etc.
On 31 March 2018, the State government issued a numberification for holding panchayat elections in West Bengal on 1,3 and 5 May 2018.
We have heard learned companynsel for the parties.
