Panchayat Elections: Calcutta High Court Orders Re-Scrutiny Of Nomination Papers Filed By Two Candidates

The Calcutta High Court on Friday directed the West Bengal State Election Commission to re-scrutinise nomination papers of two candidates for the upcoming Panchayat Elections, after a was plea filed alleging inaction during the scrutiny process by a Returning Officer from Karimpore-II block in West Bengal. A single-judge Bench of Justice Amrita Sinha ordered:

“Without going into the merits of the allegation of the petitioner, the instant writ petition is disposed of by directing the Commission to re-scrutinize the nomination papers of the respondent nos. 4 and 5 by treating the writ petition as the affidavit of the petitioner…at the earliest but positively by 5th July.”

The petitioner, a contesting candidate himself, alleged that the private-respondents had pending criminal cases, which would disqualify them from contesting the elections. It was the contention of the petitioner that he had filed an objection with the relevant Block development officer, but the complaint had not been taken cognizance of. The petitioner prayed for the cancellation of nomination of the private-respondents.

During the hearing, the Court observed that the petitioner had impleaded the Block Development Officer of Raninagar instead of the BDO of Karimpore-II, and took exception to the same, by calling out the “haste” with which multiple petitions were being filed in matters concerning the West Bengal Panchayat Elections, 2023. Justice Sinha orally remarked:

“Take adequate care…you all are filing petitions in such haste, without even checking the details. You had allegations against Karimpore, you impleaded Raninagar. What is to be done? It is mentioned in the morning that there is urgency…now see what is coming up. How will the matters proceed? How will respondents get instructions? You had allegations against one party and you have impleaded another...”

In disposing of the petition, the Court gave liberty to the petitioners to implead the correct authorities and directed the Commission to re-scrutinise the nomination papers of the respondents, while reminding the Counsels to implead the correct parties in the future. Justice Sinha orally remarked:

“…make the change [of respondents] here and now…and remember…such a petition in future…[will be] dismissed, with exemplary costs.”

Another petition in the High Court alleged corruption on behalf of a Returning Officer, alleging that he accepted the nomination of a candidate namely Ashadhan Mal, after the deadline for the same had expired, by manipulating the records of the Commission. It has been submitted that the nomination paper which was signed on 24th June could not have been filed on 14th June.

The Court has asked the Returning Officer of the concerned block to present video footage of the entire day of 14th June in order to ascertain the conflicting claims of the parties.

Case: Ustor Ali Biswas v The Commissioner, The West Bengal State Election Commission & Ors

Coram: Justice Amrita Sinha

Citation: 2023 LiveLaw (Cal) 178