Panchayat Elections: Calcutta High Court Orders DIG To Investigate Allegation Of Nomination Paper Being Filed By Candidate From Abroad

The Calcutta High Court on Thursday directed the DIG, Crime Investigation Department, West Bengal, supervised by a Retired Judge of the Court, to carry out an investigation into the acceptance and scrutiny of nomination papers filed by a candidate from Minakha block, who was allegedly not present in India at the time of such filing, during the West Bengal Panchayat Elections 2023.

A single-bench of Justice Amrita Sinha, took exception to the fact that FIR in the matter had been filed against ‘unknown persons’, even though the nomination was submitted in-person and the entire process had been videotaped. The Court held:

“The SEC has shown that the concerned BDO was show caused by the DM on 7^th July 2023. A reply has been given to the show cause. The matter has been forwarded to the controlling officer of the BDO. Copy of the FIR lodged on 19^th July 2023 u/s 120B, 419 and 420 of IPC, and s125A of the Representation of Peoples act, has been filed against unknown persons. The Court fails to understand as to how FIR could be against unknown person, when the nomination paper was physically handed over to the BDO. The authority ought to have checked the video footage to identify the person who submitted the nomination and should have lodged a complaint against the said persons."

It was argued by the petitioners represented by Senior Advocate Bikash Ranjan Bhattcharya that the State and State Election Commission were trying to delay and stifle the investigation into the matter, and that it may be forwarded to an “independent investigation agency.”

Such a prayer was vehemently opposed by the Advocates for the State and the SEC, who submitted that the Supreme Court’s guidelines of transference of investigation to a central agency had not been made out, and that the investigation itself was still being conducted by the State Police at the present stage, and therefore no question on the unsatisfactory nature of the investigation could arise at this point.

Accordingly, in ordering an investigation by the State, supervised by a retired High Court Judge, the Bench requested the Registrar General to obtain the consent of Retd. Justice Debi Prosad Dey for the purpose of heading the Commission being constituted for enquiring into the present case.

It concluded, “The enquiry must be held to ascertain whether the procedure laid down at the time of the filing the nomination paper, and at the time of scrutinising the nominations in respect of the Minakha block was done in accordance with law or not."

Case: Karimul Islam Molla and Anr. v State Of West Bengal And Ors

Coram: Justice Amrita Sinha