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2023 Supreme(Cal) 160

IN THE HIGH COURT AT CALCUTTA
T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ.
Dipankar Rit – Petitioner
Versus
State of West Bengal and Others – Respondents
WPA (P) Nos. 250, 286, 287 of 2023
Decided On : 13-06-2023

Advocates:
Advocate Appeared:
For the Petitioners: Koustav Bagchi, Debayan Ghosh.
For the Respondent: Amajit De.

Headnote:

West Bengal Panchayat Election Act, 2003 - Section 43 - West Bengal State Election Commission Act, 1994 - Section 28(1) - Criminal Procedure Code,1973 - Section 6 - Elections to the Panchayats – Public Interest Litigation - protection of the lives and limbs of the polling officers and polling personnel in the ensuing election-Whether Court can issue a Mandamus directing the Commission to extend period for filing nominations - Held, 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 and in the event of any complaint being brought to the notice of the Commission, swift action be taken and the persons who are indulging in violence should be severely dealt with. This direction be complied with in letter and spirit without giving any room for laxity- Directions issued

JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. All the writ petitions concern the forth coming elections to the Panchayats in the State of West Bengal. WPA (P) 286 of 2023 has been filed as a public interest litigation by one Adhir Ranjan Chowdhury. The petitioners in WPA (P) 287 of 2023 are Mr. Suvendhu Adhikari and Mr. Tarunjyoti Tewari. The petitioner in WPA 250 of 2023 is Mr. Dipankar Rit. All the three writ petitions have been filed as public interest litigations. WPA (P) No. 286 of 2023 and 287 of 2023 were heard by this Court on 09.06.2023 and the following order was passed:

    1. These writ petitions have been filed as public interest litigations concerning the forthcoming election to the Panchayats in the State of West Bengal.

2. The matter was mentioned before this Court at 10.30 a.m. today and considering the urgency, leave was granted to file these writ petitions and the same were directed to be listed in the supplementary list today and to be taken at around 12 noon.

3. The respondents have been served and in particular, the West Bengal State Election Commission has also been served and represented by Mr. Jishnu Saha, learned Senior Advocate.

4. The prayer in WPA (P) 286 of 2023 is for issuance of Writ of Mandamus to set aside the notification issued by the State Election Commission notifying the elections for the Panchayats and issue the same afresh after implementation of the demands made by the writ petitioner vide his representation dated 24th April, 2023. The petitioner also seeks for deployment of central forces from the date of filing nomination till the declaration of results; for a direction upon the Election Commissioner, West Bengal State Election Commission to ensure that the candidates are permitted to file their nominations before the State Election Commissioner and/or concerned District Magistrate of the concerned district and for certain other interim reliefs.

5. In WPA (P) 287 of 2023 the petitioners seek for issuance of Writ of Certiorari to quash the decision arrived at by the respondent authorities in allowing only five days to submit nomination papers for the upcoming Gram Panchayat elections to be held on 8th July, 2023; to appoint an Hon’ble retired Judge of this Court as Special Officer/Observer to ensure the conduct of a free, fair, transparent and peaceful election to the three-tier Gram Panchayats in the State of West Bengal; to allow the prospective candidates to file their nominations in the head office of the West Bengal State Election Commission or in the alternative allow the filing of their nominations online; provide adequate number of Central Para Military Forces immediately for the conduct of free and fair election; to extend the time for filing of nomination papers by at least 12 days from the date of notification of election to complete the process of filing such nomination papers and to comply with the directions issued by this Court issued in WPA (P) 611 of 2022 dated 28th March, 2023; to install CCTV Cameras at all polling stations; to ensure simultaneous counting of the votes for the Gram Panchayats, Panchayat Samities as well as Zilla Parishads under the superintendence of a Special Officer; to prohibit the Election Commission from using any contractual workers and/or civic volunteers and/or teachers and non-teaching staff whose issue is sub-judice by not giving any election duty; to direct the Election Commission to ensure imposition of prohibitory orders under Section 144 of the Cr.P.C. within one kilometer radius of the various counting stations and other interim reliefs.

6. We have elaborately heard Mr. Guru Krishna Kumar, learned senior advocate appearing for the petitioners in WPA (P) 287 of 2023, Mr. Koustav Bagchi, learned advocate appearing for the petitioner in WPA (P) 286 of 2023, Mr. Jishnu Saha, learned senior advocate appearing for the West Bengal State Election Commission, Mr. Kalyan Bandopadhyay, learned senior advocate appearing for the State of West Bengal and other lear

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