West Bengal Assembly Polls- Supreme Court Dismisses Plea Challenging EC's Decision To Conduct Polls In Eight Phases

Supreme Court has dismissed plea by lawyer ML Sharma challenging the Election Commission's decision to conduct assembly elections over eight phases in West Bengal . The plea sought directions to the poll panel to stop it from conducting eight-phase elections.A three-judge Bench led by CJI Bobde has dismissed the plea stating that they have read the whole case but they don't agree with the petitioner. During the hearing petitioner in person ML Sharma submitted that "I'm against religious harmony being destroyed, one side is going on continuously, stop this religious activity and religious slogan over there! " Sharma made this submission with reference to the religious slogans used during the campaign.ML Sharma submitted there's no law or act that EC has right to conduct elections and dissolve the assemblyWho has dissolved the assembly? Bench asked"If the ruling party has lost it cannot sit in the assembly" Sharma responded.Bench did not agree with Sharma's submission and suggested that he approaches the High Court.Petitioner in person Sharma stated that the case is not of an election petition, and it cannot approach the High Court as it cannot approach the High Court under Article 226 once the notification has been issued, in terms the Top Court's judgement in Mohinder Singh's case.The present plea filed by ML Sharma challenged the Election Commission's decision to conduct the eight-phase elections in the West Bengal for being violative of right to equality before law under Article 14 right to life under Article 21 of the Constitution.The plea also action against the alleged chanting of religious slogans during electioneering in West Bengal. According to the petitioner, the chanting of "Jai Shri Ram, and other religious slogans are offences under the Indian Penal Code and the Representation of the People Act, 1951According to the plea, using religious slogan, effort, provocation of citizen of India by a person, party, group of persons is strictly prohibited u/s 123 (3) of the Representative Act. Therefore upon using of religious slogan, the Election Commission suo motu having evidence must cancel election. "Any kind of the appeal by any religious persons, group, temple, mosque, church and others to cast their vote in favour of a specific party must be counted a serious violation of the law and an offence not only under the act but also under IPC being fraud upon constitution of India and citizen of India and they must be barred to fight election or to participate in any election in future." The plea readThe plea also stated that the election commission and parliament did not frame any law and rule to conduct election in difference phase to facilitate any one of the political parties in any state. Therefore the impugned decision of the election commission is unlawful and violated Art.21 and must be quashed and election must be held in one phase in Bengal as well as in Assam like Tamil Nadu, Kerala and Puducherry.The petitioner through his PIL sought the following reliefs from the Court:Direction prohibiting Election Commission from conducting an election in 8 phases in west Bengal as unequal manner among the 5 states without any rule and law and reasons being violative of Art. 14 and Art 21 of the constitution of India. ANDDirections to C.B.I. to register an F.I.R. under Section 153(A), 415 and 420 of IPC and Sections 123(3) and 125 of the Representation of the People Act, 1951 against Home Minister Amit Shah and BJP Leader Shubendu Adhikari including their political party for using " JAI SHRI RAM" and other religious slogan creating disharmony, an attack upon the citizen of India for provoking, effecting their mind to fight among themselves and to give vote in their favour for electoral benefits being an offence and to file their report before the Supreme court for further action and direction in the interest of Justice.Debar political party/ parties of Home Minister Amit Shah and Shubendu Adhikari from participating in any election in the country for using religious slogan i. e. jai Shri Ram" & Others being unconstitutional and contra to the People & representative Act in the interest of Justice.

West Bengal Assembly Polls- Supreme Court Dismisses Plea Challenging EC's Decision To Conduct Polls In Eight Phases

Srishti Ojha

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