WB Panchayat Elections: Calcutta High Court Says Can't Issue Mandamus To Extend Date For Filing Nominations, SEC Should Exercise Discretion

In petitions concerning the upcoming Panchayat elections in West Bengal, the Calcutta High Court today refused to direct the State Election Commission to extend the deadline for filing nominations.The division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya had last week said that five days time provided for filing nomination papers is prima facie inadequate. However, in its order today it said writ of Mandamus cannot be issued for extending the date for filing of nominations."Discretion to extend time lies completely with the Commission and thus this is left to their discretion. If the Commission considers to extend the date of completion without interfering with date for polling the such power can be exercised by the Commission to extend date."The SEC had yesterday made a statement in Court that it may extend the last date for making nomination for one day.Proviso to Section 46 allows the Commission to extend the date for nomination. This may or may not require amendment of dates for holding election.The High Court also refused the prayer for filing of nominations online.The development comes in petitions filed by Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari. The writ petitioners had raised several points of contention such as lack of reasonable notice period for filing nominations, deployment of central reserve forces to maintain law and order, employment of contractual workers as polling officers, among others.The bench noted that there have been more than 12 instances of violence during elections in the past. Therefore, it observed that SEC should use paramilitary forces to work with the West Bengal police. "Ultimate decision shall lie with SEC but they shall consult with state government...SEC shall requisition central forces for all districts that have been declared as sensitive. On requisition central government shall forthwith deploy forces and the central government shall bear the costs," it clarified.Nominating of observers:The petitioners had raised objections to the appointment of WB State cadre-IAS officers as Election observers and had asked for Election observers to be appointed from amongst retired judges of the Calcutta High Court. The bench observed that the stipulation under Section 134(1) of the WB Panchayat Election Act provides for nominating observers by the State Election Commission. Since the SEC was in the practice of appointing election observers from the state-level IAS officers of the WB cadre, who according to the bench, were senior-ranking officials with the integrity needed to discharge the function of Election, they observed that the practice being carried out was in accordance with the statute, the Court could not interfere with the same.Online nominations:The petitioners had requested the High Court to consider their plea for online nominations. The bench observed that being constrained by recent judgements of the Supreme Court, the High Court cannot intervene to allow for online nomination and the same would have to be done in person. Another plea for filing of nominations before the District Magistrate was rejected as well.Civic Volunteers:The Bench noted the circular made by the Inspector-General as brought up at yesterday's hearing. It held that the Commission should not entrust the duty of enforcement of law and order to civic volunteers, which would be de hors the circular. If the Election Commission, upon assessment and consultation with the State are satisfied that there is a lack of police personnel, then they must requisition paramilitary forces who would be able to assist the state police especially in zones identified as sensitive, as well as other zones, if required.Case Title: Suvendu Adhikari v. WB State Election Commission and connected petitionsCitation: 2023 LiveLaw (Cal) 157Click Here To Read/Download Judgment

WB Panchayat Elections: Calcutta High Court Says Can't Issue Mandamus To Extend Date For Filing Nominations, SEC Should Exercise Discretion

Srinjoy Das

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