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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Mousumi Roy – Appellant
Versus
West Bengal State Election Commission – Respondent
JUDGMENT :
1. In both these writ petitions, the issue raised is about holding the elections of the municipal corporations/municipal council and other local bodies in the State of West Bengal.
2. CAN 2 of 2022 has been filed in WPA(P) 271 of 2021 challenging the order/notification of the State Election Commission dated 15.01.2022 and 07.02.2022 and seeking a direction to ensure free and fair elections and also to hold simultaneous counting of votes of all remaining Municipal Corporations/Municipalities.
3. CAN 4 of 2022 has been filed in WPA(P) No. 299 of 2021 by the writ petitioner questioning the order dated 25th January, 2022 issued by the State Election Commission and seeking modification of the notification dated 22nd December, 2021 whereby second phase of elections are scheduled to be held on 27th February, 2022. The decision of the respondent Nos. 3 and 4 in respect of the election agents has also been challenged in this CAN.
4. CAN 5 of 2022 and CAN 6 of 2022 have been filed with a prayer to direct the State Election Commission to take steps for deployment of Central Para-Military Forces during the Bidhannagar Corporation Election scheduled to be held on 12th February, 2022. 5.
The main legal point established in the judgment is that the State Election Commission has the responsibility to assess the ground situation and take a decision in respect of deployment of paramilita....
Conduct of free and fair elections–Democratic nations burgeon on strength of purity and impartiality in elections and India, being a colossal democracy demands such a process – Free and fair election....
The Court held that the State's undertaking to implement comprehensive security, CCTV surveillance, and observer oversight for municipal elections satisfies the requirements for free and fair polls, ....
The power of judicial review under Article 226 of the Constitution is ordinarily excluded in election matters, but not wholly excluded, and can be exercised to uphold democratic principles.
The main legal point established in the judgment is that the elections to the local bodies cannot be stalled by any order passed by the court and that any genuine legal grievance should be addressed ....
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