On June 9, the Calcutta High Court held an urgent hearing on two PILs moved by BJP leader and Leader of Opposition in the West Bengal Assembly Suvendu Adhikari and Congress leader Adhir Ranjan Chowdhury concerning the upcoming Panchayat elections scheduled for July 8.
Suvendu Adhikari’s PIL sought that the State Election Commission’s decision allowing mere five days for candidates to submit their nominations for the Panchayat elections is quashed. Furthermore, the PIL sought that a retired judge of the Calcutta High Court is appointed as a Special Officer/Observer to ensure free, fair, transparent and peaceful elections. He further sought that central para-military forces are deployed to conduct free and fair elections.
He also sought that the candidates are allowed to file their nominations before the State Election Commission or online. He sought that the time for filing nominations is extended by at least 12 days from the date of notification. Furthermore, he sought that CCTV cameras are installed at polling booths.
He sought to ensure simultaneous counting of the votes for the Gram Panchayats, Panchayat Samitis as well as Zilla Parishads under the superintendence of a Special Officer. He further sought that contractual workers, civic volunteers, teachers and non-teaching staff whose issue is sub-judice are prohibited and not given election duty. He also sought that the Election Commission imposes prohibitory order u/s 144 of the Criminal Procedure Code (CrPC) within one-kilometre radius of the various counting stations.
Adhir Ranjan Chowdhury’s PIL sought to set aside the State Election Commission’s notification notifying the elections for Panchayat and issue the same afresh implementing his demands made vide representation on April 24. Furthermore, he sought the deployment of central forces from the date of filing nominations till the declaration of results. He also sought that the candidates are permitted to file their nominations before the State Election Commissioner or the District Magistrate of the concerned district.
On the issue of inadequate time given for filing nominations for the Panchayat elections, the court said, “Prima facie, we are of the view that the time limit fixed in the notification is inadequate. The notification has been uploaded/published today i.e. on 9th June, 2023 and filing of nominations would start from 11 AM today. This, in our view, would appear to be hurrying up the process which needs to be reconsidered by the State Election Commission.” The court further said that the State Election Commission could fix a reasonable time for prospective candidates to file nominations as the same is insisted to be filed in physical form.
The court noted that the issue of ensuring the safety of candidates was put forth before the court by both petitioners. The court noted that the past instances do not give the prospective candidates confidence to file nominations before the concerned Block Development Officer of the Panchayat. The court said, “This issue can also be examined by the State Election Commission.”
On the issue of ensuring free and fair elections, the court said that from the stage of filing nomination till the declaration of results, the entire process has to be videographed and that it is the duty of the State Election Commission to protect the said video footage.
Notably, the deployment of central forces to ensure safety while conducting the elections is sought in both PILs. However, the court has said that it is for the State Election Commission to decide whether to seek deployment of the central forces so that the state police can work alongside them to preserve and maintain law and order situation. The court has sought a response from the State Election Commission on the same.
Furthermore, the court has directed the State Election Commission to file a response in the form of a report on other issues raised in the two PILs by June 12, including the issue concerning the deployment of contractual workers as election officers.
Notably, the West Bengal government challenged the maintainability of the PILs, however, the court said that the issue will be considered at an appropriate stage.
