WB State Election Commission Prima Facie Trying To Make Order On Panchayat Elections 'Unworkable': Calcutta High Court Warns Of Contempt

The CJ allowed Adhikari to file a separate Writ petition detailing the concerns being raised and expressed his displeasure at the alleged inaction of the WB State Election Commission. The plea was taken up in the supplementary list.

Justice Sivagnaman noted reported incidents of violence and observed that free and fair elections must be the only objective of the SEC. He further observed that if the State had an objection with its order, they are free to prefer an appeal. However, in absence thereof if the directions are not implemented, then the Court would have to initiate suo moto contempt proceedings.

The division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya had last week said that five days time provided for filing nomination papers is prima facie inadequate. However, it said writ of Mandamus cannot be issued for extending the date for filing of nominations. It had observed that discretion to extend time lies completely with the Commission and if the Commission considers do, it can extend the date.

So far as hindrance in filing nominations and poll violence is concerned, Court had ordered,

"In all the district which have been classified as sensitive by the Commission, we have directed requisition of paramilitary force and on an appraisal being done in respect of the other areas and wherever violence is anticipated directions have been issued to Commission to requisition the required para military forces and coupled with the direction to provide the same at the cost of the central government Therefore we are of the view that the said direction will adequately protect the interest of the polling officer and polling personnel.

It goes without saying that the State Election Commission should undertake all steps to ensure that the safety and security of the polling officers and polling personnel. All preventive measures shall be taken by the Commission and standard operating procedure can be devised to be implemented in all the polling stations throughout the state. In the event if in a particular polling station central force has not been deployed then it shall be the responsibility of the state police to ensure the safety and security of the polling officers and polling personnel at such polling stations. Therefore there will be a direction to the Commission to ensure the safety and security of the lives of the polling personnel and polling officers..."

Today, Court was informed that SEC has decided to not extend the nomination deadline. Further, the petition alleged that SEC was not identifying sensitive areas and meanwhile, violence was widespread.

"You are trying to make out order unworkable, that it very very clear...If you (SEC) are aggrieved, you may prefer an appeal. But if you think you will make the order unworkable, then we cannot stay silent," the CJ orally remarked.

SEC and State govt on the other hand claimed that political parties were themselves creating a ruckus and that Adhikari had approached the Court with unclean hands. "Writ Petitioner himself violated 144 and entered forcefully into SEC office."

Post-lunch hearing update:

In the post-lunch hearing session, the Court has reserved its order in the matter.

Counsel for the State argued no particular instance of alleged violence is mentioned in the petition and urged that the Court cannot pass any orders based on vague allegations. It is contended that State has provided ample security and has even requisitioned Police officers from neighbouring States. It claims that there have been very few instances of violence and the Police has responded to every single one of them.

State counsel also argued that the petitioner and intervenors approached the Court with unclean hands and they were only stimulating their political inclinations by filing frivolous PILs and so-called election disputes.