The Calcutta High Court on Friday sought a response from the West Bengal State Election Commission on concerns raised by leaders of the Opposition parties such as limited time for filing nomination papers, deployment of Central armed police forces as well as allowing nomination to be filed before the office of District magistrate.
“The other concerns expressed in the writ petitions shall also be taken note of by the State Election Commission and their response to such issues shall be filed in the form of a report before this Court on 12th June, 2023,” a division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya said.
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The High Court was hearing two writ petitions one filed by Leader of Opposition Suvendu Adhikari and the other by State Congress president Adhir Ranjan Chowdhury. The Court observed that the object of the writ petitions neither to stall the elections nor interdict the election process.
“The endeavour of the petitioners appears to be to ensure free and fair elections. Therefore, the Court is required to consider as to how best the same can be ensured so that not only the nominations are filed in a peaceful manner, the election is also conducted and results are declared in a fair and peaceful manner,” the division bench observed.
The High Court observed that it was of the view that the time limit fixed in the notification was inadequate. The filing of nomination started from Friday (June 9) and would end on June 15. Elections are held for 63,239 seats at gram panchayat level, 9,730 seats at panchayat samities and 928 zilla parishad seats.
“This, in our view, would appear to be hurrying up the process which needs to be reconsidered by the State Election Commission… Bearing this in mind, the State Election Commission can fix a reasonable time for the prospective candidates to file their nominations because it is insisted that nominations have to be filed in physical form,” the Court said.
On the issue of deployment of central forces the High Court observed that if in the “opinion of the State Election Commission it would augur well to seek for deployment of Central Forces so that the State Police Force can work along with the Central Forces so as to preserve and maintain law and order situation”, However, it added “it is for the State Election Commission to take a decision in that regard”.
Observing that endeavour of the petitioners appears to be to ensure free and fair election The division bench pointed out that it was required to consider as to “how best the same can be ensured so that not only the nominations are filed in a peaceful manner, the election is also conducted and results are declared in a fair and peaceful manner”.
During the day, State Election Commissioner Rajiva Sinha held meetings with senior officials of the State Government. Sources said that Mr. Sinha insisted on having free and fair polls. Mr. Sinha gave hints that the date for filing nomination papers may be extended. The panchayat polls in the year 2018 were marred by violence and the Opposition had alleged that 34 % seats were won by the ruling party without any contest.
During the day at certain places in Bakura and Cooch Behar BJP leaders held protests pointing out that there were not enough nomination forms. Clashes between the supporters of ruling Trinamool Congress and the Left parties were reported from Murshidabad district on the very first day of filing of nomination papers.
