Calcutta High Court Seeks State Gov's Response On Time Period It Would Take To Notify Elections To Remaining Municipal Bodies Apart From Kolkata Municipal Corporation [Read Order]

The Calcutta High Court on Wednesday heard extensive arguments while adjudicating upon a petition moved by BJP Sate vice-president Pratap Banerjee seeking direction to the West Bengal government and the State Election Commission (SEC) to hold municipal polls in the State in one phase. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj on Wednesday took on record the affidavit-in-opposition filed by the State Election Commission and the State government. The Bench further sought response from the State government stipulating the time period within which the State government would hold elections to the remaining municipal bodies apart from the already notified Kolkata Municipal Corporation. The matter is slated to be heard next on December 6. "The State as well as the State Election Commission, on or before the next date of hearing, give the plan disclosing the tentative time schedule for conducting the election of all the Municipal Corporations/Municipalities in the State in the phase manner", the Court ordered The State Election Commission was also directed to explore the possibility and feasibility of doing counting of votes of the Municipal Corporations/Municipal Elections after the polling is completed in all the Municipalities of the Municipal Corporation in the State. However, the Bench cautioned that the Commission must not declare the election of the Municipal bodies in the State in such a manner which will give benefit to one particular party. Furthermore, the Bench refused to quash the notification issued by the West Bengal State Election Commission on November 25 declaring that elections to the Kolkata Municipal Corporation would take place on December 19. "..We are of the view that once the notification dated 25th November, 2021 has been issued, then in view of the bar contained in Article 243-2(d) of the Constitution, the interference of this Court is not proper. In view of above, we do not intend to go into the issue of alleged statement made by the Counsel for the State Election Commission. Such a statement, if any made, would not eclipse the Constitutional provision. Hence, we find no merit in CAN 1 of 2021 seeking stay/setting aside of notification dated 25th November, 2021", the Court observed further. Submissions by Pinky Anand on behalf of the petitioner Senior advocate Pinky Anand appearing for the petitioner pointed out that the West Bengal State Election Commission on November 25 had issued a notification stating that election to the Kolkata Municipal Corporation will take place on December 19. She argued that such a notification had been issued despite a 'categorical and an unequivocal assurance' given by senior counsel appearing for the State Election Commission on November 16 that no such elections would be notified as long as the instant matter is sub-judice. She further argued that elections to about 112 civic bodies in West Bengal including Howrah Municipal Corporation have been pending for quite some time despite the fact that the stipulated five-year term of elected representatives of these municipalities have ended in the last two years. She contended further that such a conduct of the State Election Commission shows that elections are 'deliberately being staggered at the behest of the State government'. She also expressed serious reservations to the fact that the notification dated November 25 had been issued despite a clear assurance given by the State Election Commission to the contrary. "Your Lordships, there has been complete violation of assurance given by State Election Commission in open Court", the senior counsel remarked further. Referring further to the affidavit-in-opposition moved by the State Election Commission and the State government, the senior counsel highlighted that it had been stated in the affidavits that the senior counsel for the State Election Commission had averred that no such notification would be published 'until the next returnable date' and not as long as the matter is sub-judice. She argued that such an averment by the State Election Commission is 'mala fide' and that a 'voluntary, categorical statement' had been made by the senior counsel on behalf of the State Election Commission which cannot be denied now. Senior counsel Anand further contended that the impugned statement had not been recorded in the Court's order but had been made in open Court. Thus, the senior counsel prayed before the Bench to quash the notification dated November 25 that stipulated that elections to the Kolkata Municipal Corporation is scheduled to take place on December 19. She further emphasized that elections to the other remaining civic bodies must be held simultaneously and on the same day and that elections to civic bodies where favourable results can be expected by the State government must not be prioritized. Reliance was also placed on the Supreme Court judgment in Kishan Singh Tomar v. Municipal Corporation wherein the Apex...

Calcutta High Court Seeks State Gov's Response On Time Period It Would Take To Notify Elections To Remaining Municipal Bodies Apart From Kolkata Municipal Corporation [Read Order]

Aaratrika Bhaumik

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