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SABYASACHI BHATTACHARYYA
West Bengal State Election Commission – Appellant
Versus
National Human Rights Commission – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The West Bengal State Election Commission has challenged an order passed by the National Human Rights Commission (respondent no.1), whereby certain directions were issued in connection with the ongoing Panchayat Elections in West Bengal.
2. It is submitted that the respondent no.1 had no jurisdiction to do so. Learned senior counsel for the petitioner cites the provisions of the Protection of Human Rights Act, 1993 (hereinafter referred to as, “the 1993 Act”) to argue that the limited jurisdiction of the respondent no.1 is merely recommendatory. By placing reliance on the provisions of Section 12 of the said Act, it is argued that the functions of the Commission are restricted to making recommendations, that too, only with regard to causes of action which have already occurred. In the present case, admittedly, the National Commission (NHRC) has sought to take pre-emptive steps, which are beyond its authority.
3. It is argued that the Election Commission is a constitutional authority, vested with powers by the Constitution of India itself. Such powers are plenary insofar as elections are concerned. It is submitted that the NHRC has no such plen
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