"Did You Draft This Petition With Any Sense Of Responsibility?": Supreme Court Pulls Up NGO Alleging West Bengal Poll Manipulation

Update: 2022-09-19 15:00 GMT
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The Supreme Court of India on Monday stopped short of imposing costs while dismissing a petition which sought to direct the Governor of the West Bengal to submit report to President under Art 356(1) in connection to the alleged manipulation of 2021 state elections. The petition also sought an NIA probe into the incident. During the hearing, the Bench of Justices KM Joseph and Hrishikesh...

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The Supreme Court of India on Monday stopped short of imposing costs while dismissing a petition which sought to direct the Governor of the West Bengal to submit report to President under Art 356(1) in connection to the alleged manipulation of 2021 state elections.

The petition also sought an NIA probe into the incident.

During the hearing, the Bench of Justices KM Joseph and Hrishikesh Roy orally remarked,

"Election petition goes for toss, elections go for toss & this court takes up all functions?"

The petitioner also questioned the petitioner, Maatrbhoomi Sevarth Foundation, pertaining to the work it did prior to filing this PIL which also sought a direction to hold assembly polls afresh in West Bengal and to prepare fresh electorate's list.

"You said you don't have any political affiliations, but your other prayers are to direct ECI to look into demographic manipulation in the State and make a new voter list!"

"Did you draft this petition with any sense of responsibility? ", the Bench further asked, to which the petitioner's lawyer Advocate Subhash Jha replied in the affirmative.

"If that's the case, then we will impose heavy costs. Go on with the warning", the Bench said.

"I can't go on with a warning... Election process is completely manipulated", the advocate responded. The lawyer also said that the Supreme Court has entertained PILs filed by NGOs in relation to hate speech cases.

"What can common man do when elections are manipulated?", the petitioner further asked.

The Bench's response was a counter-query.

"Is this the remedy? Under Art 32? Electoral manipulation is a serious charges. What about election Petitions?", the Bench asked. The Bench also wondered how can it issue directions to the President and the Governor.

"We are not persuaded to entertain the PIL. We have also toyed with the idea of imposing costs. However, we have refrained from doing so. Dismissed."

Case Title: Maatrbhoomi Sevarth Foundation vs UOI, WP (C) PIL 764/2021

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