WB Panchayat Elections: Calcutta High Court Says Police To Render Assistance If Candidates Complain Of Being Prevented From Filing Nominations

A single-judge bench of Justice Rajasekhar Mantha of the Calcutta High Court has allowed a petition on behalf of prospective candidates in the forthcoming three Panchayat elections, praying for police protection to file nomination papers.

Earlier, a division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattacharya had expressed their inability to extend the date for filing nominations for the Elections, but assured that they would do all in their power to ensure that nominations were filed seamlessly.

The petitioners, who are members of the Indian Secular Front, complained that on 13^th June 2023, when they were in the process of filing their nominations to the aforesaid election process, they were allegedly prevented from doing so by members of the ruling party. They submitted that only one person was able to file her nomination after considerable opposition.

Noting that the last date for filing nominations is today, i.e.m 15^th June, the bench directed the Bhangar Police Station and Kashipur Police Station to render all assistance to the petitioners to file their nominations for the aforesaid elections before the last date.

The Court further directed the West Bengal State Election Commission to exercise their powers under Section 46(2) of the West Bengal Panchayat Election Act, 2003, along with the help of local police, to provide relevant assistance to candidates who are unable to file nominations within the stipulated date, upon receipt of similar complaints.

Case Title: Abdul Maleque Molla & Ors. v. West Bengal State Election Commission & Ors WPA 13986 of 2023

Coram: Justice Rajasekhar Mantha

Advocates for the petitioner: Mr. Arindam Jana, Ms. Jhuma Sen, Mr Dinesh Vishwakarma

Advocates for the respondent: Ms. Sonal Sinha, Ms. Sanjukta Samanta

Advocates for the State: Mr. S.N. Mookherjee, Advocate General, Mr. Amitesh Banerjee, Senior Standing Counsel, Mr. Sirsanya Bandyopadhyay, Junior Standing Counsel, Mr. Piyush Agarwal, Mr. Arka Kumar Nag, Ms. Utsha Dasgupta, Ms. Shrivalli Kajaria

Advocates for the Union of India: Mr. Ashoke Kr. Chakraborti, A.S.G. Mr. Billwadal Bhattacharyya, D.S.G.I. Mr. Ayanabha Raha

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