"Election Commission To Ensure Free & Fair Elections", Calcutta High Court On West Bengal Assembly Polls

The Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Shampa Sarkar noted in its order that it is within the domain of the Election Commission of India to ensure a free and fair election in the constituencies, where a notification has been issued by the Election Commission of India.

The matter before the Court

The pith and substance of the writ petition was essentially sounding apprehension regarding the conduct of free and fair election in the State of West Bengal, where notification has been issued to conduct the election of Bidhan Sabha.

Court's observations

At the outset, the Court observed that Free and fair elections are part of the democratic rights of the citizenry as a whole.

Further, the Court opined,

"Guarantee in terms of the Constitution which governs the elections in the context of the constitutional backdrop in which the legislations are placed necessarily emboldens the Election Commission of India to be in complete control of the election process, thereby meaning that ensuring free and fair elections will be the topmost goal of the Election Commission of India, once it notifies the election."

Noting that it is for the Election Commission of India to ensure free and fair election with lawful authority, the Court said,

"It is also the well-accepted proposition including the jurisdiction that the Courts will loathe interference in the matters touching elections, once a notification is issued and until the electoral process is completed and the results are declared."

Lastly, the Court disposed of the writ petition by recording the submissions on behalf of the Election Commission of India, that it would ensure free and fair elections and will do everything needed for such purpose in the State of West Bengal in connection with the election of Bidhan Sabha, which has been notified recently

The Election Commission last week announced the election dates for the state of West Bengal, which will go to polls in 8 phases on March 27, April 1, April 6, April 10, April 17, April 22, April 26, and April 29.

Polls are to be held for 294 seats in West Bengal and counting of votes will be held on May 2.

Case title - Bimal Kumar Chatterjee v. Election Commission of India & Ors. [WPA (P) 88 of 2021 with IA No: CAN 1 of 2021]

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