The Calcutta high court said that the state election commission floundered in upholding constitutional obligations
Refusing to interfere in the process of the upcoming panchayat elections, the Calcutta High Court, however, strongly reprimanded the State Election Commission (SEC) on Friday for "floundering while performing its Constitutional obligation". This does not put an end to the matter, as a bench headed by Chief Justice Jyotirmay Bhattacharya will hear a separate petition on May 8 on the alleged inadequacy of security for the election.
We are refraining from interfering with the order impugned.
Even as the SEC counsel argued that it was beyond the Court's jurisdiction to intervene once the poll process had started the Judges said it was a "wake-up call" for the SEC as its "neutrality has been seriously questioned". The bench said that the SEC's decision to reduce the number of phases for panchayat elections in the state from 3 to 1 in it second notification without providing necessary clarification inevitably raised eyebrows and was avoidable. Its neutrality has been seriously questioned. Opposition parties lauded the court for its remarks on the SEC.
Confusion over the quantum of forces available for deployment in the panchayat polls remained till late on Thursday evening as the Bengal government was yet to receive confirmation from other states on requisition for security personnel.
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The notification listed an additional date for filing nominations, for scrutiny and for withdrawal but neither the poll date nor the date by which the election process needed to be completed. BJP state general secretary Pratap Banerjee said, "We are ready for any schedule - single, two-day or three-day polls". As things stand now, the SEC will have to convince the bench of the chief justice that it has adequate security to ensure fair and peaceful elections. It also criticised the role of the poll panel in conducting the process, that has faced the Opposition's ire at various points.
On April 21, the poll body fixed April 23 as the last day for filing nominations, which was also marked by allegations of widespread violence by Trinamool supporters.
Though the State Election Commission (SEC) had earlier notified May 14 as the poll date, Justice Subrata Talukdar expressed dissatisfaction over the security arrangements to conduct the election.
The Bharatiya Janata Party had on Friday appealed to the court to allow it to be a party to the petition, claimed that the decisions taken by the SEC under the influence of the ruling party Trinamool Congress and the state administration, has created complications.
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