The central legal point established in the judgment is the Court's emphasis on allowing the concerned parties to respond to the allegations by filing affidavits-in-opposition and taking prompt action to address specific incidents, as evidenced by the directive for extending police protection and recording statements under Section 164 of the Cr.P.C.

ORDER :

1. CAN 7 of 2022 has been filed in WPA(P) 299 of 2021 with the prayers relating to deployment of central paramilitary forces, effective CCTV surveillance, appointment of independent impartial general observer and impartial micro-observer, verification of EPIC cards/photo identity cards before entry inside the polling stations, making respondent No.4 personally liable in terms of the earlier order of this Court in respect of forthcoming polls to the 108 municipalities scheduled on 27.02.2022 and cancellation of elections held on 12.02.2022.

2. The submission of learned senior counsel appearing for the petitioner is that the faith and confidence imposed by this Court on the State Election Commission has been belied and in this regard he has referred to earlier order of this Court. He has also submitted that after the notification of the elections, the State Government has floated two schemes by issuing the notification dated 25.01.2022 viz. Duare Sarkar and Paray Samadhan Programme, which is in violation of the Model Code of Conduct. He has also submitted that during the elections of Bidhannagar, Asansol, Siliguri and Chandannagar Municipal Corporations, incidents of violence have taken place and in this regard he has referred to the pleadings contained in paragraph 9 of CAN 7 of 2022. He has further submitted that the candidates of the petitioner's political party have been prevented from filing their nominations and has produced the chart before this Court indicating that in Bolpur Municipality against 22 seats only 3 candidates, Budge Budge Municipality against 20 seats only 8 candidates, Tarakeshwar Municipality against 15 seats only 9 candidates, Sainthia Municipality against 16 seats only 3 candidates, Bolpur Municipality against 22 seats only 3 candidates, Tarakeshwar Municipality against 15 seats only 9 candidates and Dinhata Municipality against 16 seats only 7 candidates of petitioner's party could file their nominations. Learned counsel appearing for the petitioner has also referred to various newspaper publications indicating the incidents of the violence during the elections of four municipal corporations.

3. He has also submitted that the representations filed by the petitioner in pursuance to the earlier direction of this Court have not been even noticed by the Election Commission.

4. CAN 4 of 2021 in WPA (P) 271 of 2021 has been filed by the applicant in respect of an incident with the prayer to arrest the accused persons whose names are reflected in the FIR, annexure P-1, and record the statements under Section 164 of the Cr.P.C. Further prayer has been made that the State Election Commission be directed not to act on the direction of the State Government.

5. Learned counsel for the State Election Commission has submitted that only stray incidents of violence have taken place and in respect of those incidents, immediates steps were taken and that conflicting news reports have come about violence during elections and peaceful elections. Learned counsel appearing for the State Election Commission has placed reliance upon the newspaper namely Jago Bangla. He has submitted that from the fact that 72% voting has been done, it is clear that free and fair elections took place. He prays for time to file affidavit in response to the allegations made in the application.

6. Learned senior counsel for Election Commission has fairly stated that the CCTV footage and other material in terms of the directions contained in (i) to (iii) in the order dated 23.12.2021 will be duly preserved immediately in respect of four Municipal Corporation Elections which have been recently held.

7. Learned Advocate General has also submitted that whenever reports of violence have been made, due action has been taken. He has also prayed for time to file affidavit in response to the application.

8. Learned Advocate General has also submitted that there is no objection in recording the statement under Section 164 of Cr.P.C. as also extending polic