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2023 Supreme(Cal) 1083

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
National Human Rights Commission – Appellant
Versus
West Bengal State Election Commission – Respondent


Advocates Appeared:
For the Appellant : Mr. Aman Lekhi, Ld. Sr. Adv., Mr. Ranajit Chatterjee, Mr. Dipak Rankan Mukherjee, Mr. Ujjwal Sinha, Mr. Aniruddha Mitra, Ms. S. Sonam.
For the State :Mr. S.N. Mookherjee, Ld. Advocate General, Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag.
For the State Election Commission : Mr. Jayanta Mitra, Ld. Sr. Adv., Mr. Kishore Datta, Ms. Sonal Sinha, Ms. Sumita Shaw, Mr. Suman Sengupta, Mr. Tarun Kumar Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee.

JUDGMENT :

T.S. Sivagnanam, Hiranmay Bhattacharyya, JJ.

1. This intra court appeal filed by the National Human Rights Commission (NHRC) is directed against the order dated 23.06.2023 in WPA No. 14119 of 2023 filed by the West Bengal State Election Commission (SEC). The State Election Commission had impugned an order passed by the NHRC dated 12.06.2023 whereby the NHRC deputed its Director General (Investigation), the second appellant herein as a Special Human Rights Observer to apprise firsthand information of recent incidents and to conduct and on the spot survey of the State of West Bengal in consultation with SEC to identify the sensitive constituencies where such violation is likely to occur relating to Panchayat polls. The order further stated that once the sensitive areas are identified the second appellant will submit a comprehensive report to the Commission for deployment of Micro Human Rights Observers in all sensitive constituencies in the State during and after the Panchayat polls either by engaging special rapporteurs or special monitors of NHRC with a sole objective to protect basic human rights of the people by ensuring no violence takes place in Panchayat election in t

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