The Calcutta High Court has taken cognizance of petitions filed by opposition parties regarding the upcoming Panchayat elections in West Bengal. The court has asked the State Election Commission (SEC) to consider pushing the polling date further to allow candidates sufficient time to file nominations. The division bench, headed by Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya, expressed concerns about the inadequate time provided for filing nomination papers.
The court proposed rescheduling the polling date from July 8 to July 14, which would allow nominations to be filed from June 15 to June 21. It further suggested that scrutiny of nominations be conducted until June 23, with the withdrawal window extended until June 26. The bench referred to Section 43(1)(a) of the West Bengal Panchayat Elections Act, 2003, which states that the last date for nominations cannot be later than 21 days before the poll date, as the basis for recommending the change.
However, the State Election Commission argued that the court should not intervene in the election process. It stated that only a one-day extension could be granted without disrupting the process, as per the proviso to Section 46 of the Act, which allows the Commission to extend the nomination deadline by one day if there is a reasonable apprehension of prevention or obstruction for candidates. The SEC proposed extending the nomination period until June 16, with scrutiny and withdrawal dates remaining as previously scheduled on June 17 and June 18, respectively.
The state government also disagreed with the court's suggestion, arguing that it would exceed the Election Commission's powers and amount to a revocation of the notice issued under Section 43(2) of the Act. The petitioner countered by highlighting that the last date for the elected body to assume office is in August, indicating that any order from the court would not interfere with the election process.
The court heard arguments from all parties involved, including Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari, who filed the petitions. The petitions raised several issues, including the lack of a reasonable notice period for filing nominations, the deployment of contractual workers as polling officers, and the need for central reserve forces and CCTV cameras to ensure law and order during the elections.
Regarding the deployment of contractual workers as polling officers, the court noted that they lack accountability and emphasized the importance of experienced and accountable local personnel for such roles. The State Election Commission countered by stating that the West Bengal Panchayat Election Act allows for the appointment of contractual workers as polling officers in certain circumstances, but it assured the court that it would follow established rules and procedures.
The court also addressed concerns raised by intervenors regarding the deployment of central reserve forces and the need for additional CCTV cameras to ensure the safety of voters and candidates. The court agreed that CCTV footage should be shared with the SEC and directed the SEC to decide whether central forces would be required for the elections to support the state police force.
The Calcutta High Court reserved its order on the petitions after considering all the submissions. The court indicated that it would issue appropriate directions to ensure that nominations are filed properly and expressed the importance of maintaining the confidence of the electorate and conducting free and fair elections.
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