WB Panchayat Elections: Calcutta High Court Says Can't Issue Mandamus To Extend Date For Filing Nominations, SEC Should Exercise Discretion

In petitions concerning the upcoming Panchayat elections in West Bengal, the Calcutta High Court today refused to direct the State Election Commission to extend the deadline for filing nominations.

The division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya had last week said that five days time provided for filing nomination papers is prima facie inadequate. However, in its order today it said writ of Mandamus cannot be issued for extending the date for filing of nominations.

"Discretion to extend time lies completely with the Commission and thus this is left to their discretion. If the Commission considers to extend the date of completion without interfering with date for polling the such power can be exercised by the Commission to extend date."

The SEC had yesterday made a statement in Court that it may extend the last date for making nomination for one day.

Proviso to Section 46 allows the Commission to extend the date for nomination. This may or may not require amendment of dates for holding election.

The High Court also refused the prayer for filing of nominations online.

The development comes in petitions filed by Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari. The writ petitioners had raised several points of contention such as lack of reasonable notice period for filing nominations, deployment of central reserve forces to maintain law and order, employment of contractual workers as polling officers, among others.

The bench noted that there have been more than 12 instances of violence during elections in the past. Therefore, it observed that SEC should use paramilitary forces to work with the West Bengal police. "Ultimate decision shall lie with SEC but they shall consult with state government...SEC shall requisition central forces for all districts that have been declared as sensitive. On requisition central government shall forthwith deploy forces and the central government shall bear the costs," it clarified.