IMPORTANT POINT
The main legal point established in the judgment is the need for sparing and cautious use of CBI investigations, especially when the matter can be handled at the state level, and the requirement for a prima facie case before directing a CBI investigation.

JUDGMENT :

In our order dated June 23, 2023, we had recorded the material facts of the case and the arguments of learned Counsel for the parties. To make the present judgment and order a complete and comprehensive one, we incorporate herein our earlier order:-

“This appeal is directed against an order dated June 21, 2023, passed by a learned Single Judge in WPA 14723 of 2023.

The two writ petitioners before the learned Single Judge appeared to be aspiring candidates for the upcoming Panchayet Elections. They approached the learned Single Judge, in the present round of litigation, with the grievance that the Panchayet Returning Officer has tampered with the documents that they filed along with their nominations. In particular, although they had filed the caste certificate, which was one of the necessary documents, at the stage of scrutiny, wrongfully it was held that caste certificate was not filed. Accordingly, their nominations were cancelled.

The learned Judge passed the impugned order observing as follows:

“As it appears that the allegation of tampering has been brought against an officer who is responsible for conducting the election in a free and fair manner, accordingly, the said allegation is required to be enquired into by a competent independent authority.

The Joint Director of the CBI has been impleaded as respondent No.12 in the instant writ petition.

The Court directs the aforesaid respondent to conduct an enquiry to ascertain the allegations of the petitioners.

Submission has been made by the learned advocates appearing for the State Election Commission and the State respondents that the investigation ought to be conducted by the State authority and not by the CBI.

The aforesaid submission of the respondent authorities cannot be accepted.

As the officer against whom the allegation is made is acting according to the directives of the State respondents and is also responsible for conducting the election in a free and fair manner, it may not be possible for the State agency to act in an independent way.

For the purpose of maintaining independency and transparency in the process of investigation, the Court thinks it fit to direct the CBI to conduct the investigation and file a report before this Court.

The Panchayat Returning Officer, who videographed the entire incident is directed to properly maintain and preserve the footage and the instruments, equipments in which such footage was recorded and all the footage with the recording instruments and equipments from the date and time when the nominations were filed by the petitioners till the time the same was re2 scrutinized upon direction passed by the Court shall be handed over the respondent no.12 as and when sought for.

Let the investigation be conducted at the earliest but positively by 5th July, 2023.”

Being aggrieved, the District Magistrate of Howrah and three other officers have come up in appeal before us.

We have heard Mr. Kalyan Bandopadhyay, learned Senior Advocate representing the appellants and Mr. Bikash Ranjan Bhattacharya, learned Senior Advocate representing the respondents/writ petitioners.

The crux of Mr. Bandopadhyay’s argument has been that CBI enquiry cannot be ordered for the mere asking. Just because some allegations are made against the Officers in the Administration, the premier investigating agency of the country cannot be directed to conduct an enquiry. Any and every administrative lapse cannot be subjected to CBI enquiry.

This apart, Mr. Bandopadhyay has also drawn our attention to various documents to buttress his case that the writ petitioners did not file and could not have filed the caste certificate with their respective nominations. He also argued that the writ petitioners filed acknowledgment slips showing that their applications for OBC “A” certificate had been received by the competent authority and are pending. Learned Senior Counsel relied on the decision of a Coordinate Bench of this Court in the case of Director General of Poli