Breaking | Plea In Calcutta High Court Seeks Stoppage Of Panchayat Elections, Declaration Of Emergency In West Bengal

In the wake of alleged violence amid upcoming panchayat elections in West Bengal, an urgent petition was mentioned today before the Calcutta High Court seeking declaration of State emergency and stoppage of elections, otherwise slated to be held on July 8.

Article 356 of the Constitution empowers the the President to declare State emergency if on receipt of report from the Governor of the State or otherwise, he is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.

The plea was mentioned before a division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta stating,

"the election process should be stopped, and directions should be issued on the Central government, Home Ministry to declare emergency after getting a report from the Governor…if they find fit that emergency should be declared in this cases, then the postponement of panchayat election is required…"

The High Court is seized of several petitions alleging illegal and lackadaisical conduct of the State Election Commission in the election process. The bench has directed the petitioner to file the petition and assured that it will be taken up in due course.

Another PIL challenging the appointment of the State Election Commissioner was also mentioned before the bench today. It is submitted that such appointment does not have legislative backing since the notification concerning the State Amendment Act that appointed the State Election Commission was not published in the Official Gazette. As such, it is prayed that any action taken by the Commissioner during his tenure, be declared void ab initio.

Another PIL in the High Court alleges that health insurance schemes are being misemployed to scam the voters. "They are using this as the biggest political tool in the panchayat election…it is an unconstitutional scheme and the State did not even object to it…violates article 14,” a counsel submitted.