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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
National Human Rights Commission – Appellant
Versus
West Bengal State Election Commission – Respondent
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
The NHRC's powers to inquire into complaints of human rights violations are limited to specific complaints and do not extend to suo motu action based on media reports. The SEC, being a Constitutional....
The National Human Rights Commission does not have the jurisdiction to issue pre-emptive directions regarding elections based solely on media reports and conjectures, and cannot interdict the constit....
The National Human Rights Commission is a recommendatory body under the Protection of Human Rights Act, 1993, and lacks the adjudicatory power to issue binding directions, orders, or writs to governm....
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
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