Panchayat Elections: Calcutta High Court Stays Single Judge's Directive For CBI Probe Into Allegations Of Tampering Of Nomination Papers

The Calcutta High Court on Friday stayed a single-judge's direction asking the Central Bureau of Investigation (CBI) probe into allegations of tampering of nomination papers, filed by candidates for the West Bengal Panchayat Elections 2023, against a Returning Officer from Howrah district.

District Magistrate of Howrah and other Election Officers have challenged the single-judge’s order directing the CBI to probe into allegations of corruption levelled by the candidates for tampering with the nomination papers of aspiring candidates belonging to opposition parties. It was alleged that during the scrutiny process their nomination had been blocked due to lack of caste certificates, in spite of the respondents having submitted the same at the time of filing nominations.

A division bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray said since both the parties have arguable cases, which requires its careful consideration, the CBI shall not take any steps in terms of the impugned order till June 26.

"We propose to pass our order on 26.6.23 at 2 p.m. when the matter will be listed again along with MAT 1147 of 2023," said the court, adding other portions of the impugned order shall remain untouched for the time being.

Senior Advocate Kalyan Bandopadhyay, representing the appellants, earlier argued that CBI inquiry cannot be ordered for the mere asking. "Just because some allegations are made against the Officers in the Administration, the premier investigating agency of the country cannot be directed to conduct an enquiry. Any and every administrative lapse cannot be subjected to CBI enquiry," Bandopadhyay said, according to the court order.

It was also argued that Panchayat Department or the State of West Bengal itself has not been made a party in the writ petition, adding that the writ petition is bad for non-joinder of necessary parties. It was also submitted that the appellants, against whom allegations have been made in the writ petition, were not individually served before the writ petition was moved and the passing of impugned order.

However, Senior Advocate Bikash Ranjan Bhattacharya, representing the respondents, contended that the appeal would not be maintainable under law, since the order of the single-judge could not be construed as a “judgement” under clause 15 of the Letters Patent of the Calcutta High Court, 1865 which governs the procedure of filing appeals before the High Court.

It was contended that to qualify as a “judgement” under the clause, there must be an element of finality to the verdict of a judge, which may make it appealable.

However, in this case, according to the respondents, the judge had only ordered for am enquiry of the CBI to ascertain the merits of the issue and to find out the real picture that would aid in adjudication.

Bhattacharya also said it is "significant" that the State is trying to shy away from CBI enquiry. Regarding the non-joinder of parties, it was submitted that this point was not urged before the Single Judge.

The court said:

"Basically, two questions arise which we need to consider. Firstly, what are the circumstances in which a CBI enquiry may be justifiably directed by the Court ? Secondly, whether or not the facts of the present case portray or depict one of such circumstances?" 

Previously, another single-bench of Justice Amrita Sinha had also passed an order directing a CBI probe into incidents of violence and corruption taking place at the nomination stage for the Panchayat Elections. Justice Sinha had noted, “so much violence? The polls should be stopped if the bloodbath continues.”

Case: The District Magistrate of Howrah & Others Vs Kashmira Begam Khan & Others

Coram: Justice Arijit Banerjee and Justice Apurba Sinha Ray

Appearances: For the appellants: Mr. Kalyan Bandopadhyay, Sr. Adv, Mr. Sirsanya Bandopadhyay, Mr. Shamim Ul Bari, Mr. Arka Kumar Nag.

For the respondents: Mr. Bikash Ranjan Bhattacharya, Sr. Adv, Mr. Srijib Chakraborty, Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayon Banerjee, Mr. Badrul Karim, Mr. Kiron Sk. Mr. Dipankar Das

For the SEC: Mr. Kishore Dutta, Sr. Adv, Ms. Sonal Sinha, Mr. Sujit Gupta, Mr. Sayak Dutta, Mr. Soumen Chatterjee

Click Here To Read/Download Order