Calcutta High Court (Appellete Side)
Dr. Archana Majumdar vs The West Bengal State Election ... on 16 June, 2023
Supp 01 16.06
Ct
No24 2023
AGM
In the High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 14333 of 2023
Dr. Archana Majumdar
Vs
The West Bengal State Election Commission &
Ors.
Mr. Srijib Chakraborty
Mr. Aditya Mondal
... for the Petitioner.
Mr. Jishnu Saha , Sr. Adv.
Mrs. Sonal Sinha
Ms. Sanjukta Samanta
... For the State Election Commission.
Sk. Md. Galib
Mr. G. Das
... for the State.
Mr. Tirtha Pati Acharyya
... For the Union of India.
The petitioner claims to be the District
President of Bharatiya Janata Party, Basirhat
District.
Allegation of the petitioner is that the
candidates of the Bharatiya Janata Party are facing
resistance in filing their nominations for the
upcoming Gram Panchayat Election in the State.
The petitioner approached this Court by filing a
writ petition being WPA 14175 of 2023 (Dr. Archana
Majumdar -Vs- The West Bengal State Election
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Commission and Others) which was heard by the
Court on 15th June, 2023 and the Court directed the
candidates to assemble at Basirhat P.S. The
candidates were directed to be escorted by the police
to the place where they shall file their nominations.
Four candidates who were present in Court
were directed to report to the Hare Street Police
Station and the police station was directed to escort
them notwithstanding the jurisdictional issues to the
respective places for filing their nominations.
Specific submission of the petitioner is that
despite the order passed by the Court, the candidates
were unable to file their nominations.
It was been highlighted that the candidates
were terrorized, beaten up mercilessly and were
prevented from filing their nominations.
The petitioner prays for a direction upon the
State Election Commission to permit the candidates
to file their nominations by today.
Be it recorded that yesterday was the last day
for filing the nomination at 3 p.m.
Learned advocate for the petitioner refers to
paragraph nos. 28 to 34 of the judgment delivered by
the Hon'ble Division Bench of this Court headed by
the Hon'ble The Chief Justice in a PIL being WPA(P)
287 of 2023 (Suvendu Adhikari & Anr. Vs. The West
Bengal State Election Commission & Ors.) on
3
13.06.2023.
It has been submitted that the Hon'ble Division
Bench in the said judgment observed that under
Section 43(1) of the West Bengal Panchayat Elections
Act, 2003 the State Election Commission is the
appropriate authority to take a decision with regard
to the extension of the date for filing of the
nomination.
It has been submitted that the Court
specifically observed that if there is any reasonable
apprehension of preventing or obstructing to making
of nominations, or there has been any alleged
obstruction, the aggrieved party has to take recourse
to the provisions laid down under Sub-section 2 of
Section 46 of the 2003 Act in the manner specifically
provided therein.
The Court further directed that as per Section
46(2) if the Commission, in receipt of complaints from
the intending candidates or the recognized political
parties is satisfied that there is reasonable
apprehension of prevention or obstruction to the
intending candidates from making any nomination at
the place and before the authority, then under
Section 44 the Commission may, by order, issue a
direction to the Panchayat Returning Officer to
depute one Assistant Panchayat Returning Officer at
the office of the concerned Sub-Divisional Officer to
4
receive nomination papers within the specified date
and hour.
It has been indicated that submissions were
made on behalf of the State Election Commission that
the date can be postponed by one day without
disturbing the schedule notified under Section 42 of
the Act.
Learned advocate for the petitioner submits
that the State Election Commission has extended the
date for filing of the nomination in respect of the
Siksha Bondhus.
Learned Senior advocate representing the State
Election Commission submits, upon instruction that,
the Commission shall take steps in accordance with
the order passed by the Hon'ble Court.
Upon hearing the submissions of the learned
advocates appearing for both the parties and upon
perusal of the materials on record, it appears that
despite due diligence taken by the representatives of
the Bharatiya Janata Party, they were prevented and
obstructed from filing their nomination within the
stipulated time period.
It appears that submission was made on behalf
of the State Election Commission in the earlier Public
Interest Litigation that the Commission can postpone
a date for filing the nomination for a day without
disturbing the stipulated schedule.
5
The learned advocate for the petitioner
obtained leave for moving the instant matter today
morning at 10.30 a.m. and leave was granted for
moving the same at 1 o' clock.
After hearing the parties, the Court enquired
from the learned advocate appearing for the State
Election Commission as to whether the persons who
were prevented for filing their nominations would be
permitted to file nominations today.
Upon submission made on behalf of the State
Election Commission, this Court is of the opinion
that a day may be extended for filing the nomination
in respect of the candidates who were
prevented/obstructed from filing the nomination
yesterday.
It appears that a couple of candidates failed to
file their nomination despite the order passed by the
Court yesterday and despite police protection being
granted to them.
Accordingly, the Court thinks it fit to direct the
Superintendent of Police, Basirhat Police District
being the respondent no.7 herein to render all
necessary assistance to the candidates who are
reported to be presently waiting outside the office of
the Sub-Divisional Officer, Basirhat for filing their
nomination.
The schedule time for filing the nomination is
by 3 p.m. It is already 2.20 p.m. and by the time this
order is transcribed and signed the stipulated time
period for filing the nomination may be over.
Despite the time being over, the candidates
who are present before the office of the Sub-
Divisional Officer shall be permitted to submit their
nominations. The Returning Officer is directed to
accept all the nominations filed by the candidates
provided they are present at the spot by 4 o' clock
today.
The parties are directed to act on the basis of
the recording of the live streaming of the Court
proceedings, the link of which will be forwarded by
the learned advocate representing the petitioner to
the concerned respondents and especially to the
Superintendent of Police, Basirhat and the Sub-
Divisional Officer, Basirhat.
The learned advocate representing the
respondent authorities are also directed to
communicate the gist of this order to the aforesaid
respondents.
The aforesaid order is passed directing the Sub
Divisional Officer to accept the nomination papers in
view of the peculiar facts and circumstances of the
instant case and in terms of the provision of Section
46 (2) of the Act, 2003.
Leave granted to the learned advocate on
record of the petitioner to implead Sub-Divisional
Officer, Basirhat as party respondent in the instant
writ petition.
The formality of serving a copy of the writ
petition upon the added respondent stands dispensed
with as learned advocate has already entered
appearance on behalf of the State.
List the matter on 19th June, 2023 marked 'To
be mentioned'.
Urgent certified photocopy of this order, if
applied for, be supplied to the parties expeditiously
on compliance of usual legal formalities.
(Amrita Sinha, J.)
