West Bengal: Pleas sent back to HC single bench, poll process in limbo

KOLKATA: Bengal’s fraught 2018 panchayat poll procedure goes to stick in court docket for a minimum of another day as a department bench of the Calcutta High Court sent the entire petitions, filed via the State Election Commission and a number of other political events, back to a single-judge bench of the similar court docket on Monday.



Justice Subrata Talukdar will now pay attention the petitions on Tuesday, lengthening the shadow of doubt on whether or not the first ballot will also be solid on May 1 — the first day of the three-day vote procedure — which is just a fortnight away.

The opposition events have alleged that standard intimidation and violence have avoided many in their applicants from filing nomination papers; the SEC has pleaded for an immediate withdrawal of the Calcutta HC’s period in-between stay on the nomination-filing section, which is able to allow resumption of all of the election procedure.

These petitions and counter-petitions, together, have now travelled between the Supreme Court in Delhi and two benches of the Calcutta HC (Justice Talukdar’s court docket and a department bench of Justice Biswanath Somadder and Justice Arindam Mukherjee) for one complete week. The trial court docket on Tuesday will pay attention petitions filed via the SEC, Trinamool’s Kalyan Banerjee, BJP’s Pratap Banerjee, CPM’s Rabin Deb, Congress’s Adhir Chowdhury and PDS’s Samir Putatunda.

The Trinamool Congress, including CM Mamata Banerjee, has blamed the opposition events’ “organizational weaknesses” for their inability to box applicants in all seats. More than 13,000 of the 50,000-odd gram panchayat seats have observed only one nomination each.

The Calcutta HC department bench hung on Monday that the trial court docket had passed an period in-between order, but did not come up with a final order. It additionally observed that the trial court docket had to start with passed the period in-between stay on the nomination-filing procedure until April 24, but had later brought it ahead to April 16. “The court docket has now not shut you out. Instead, it has brought the hearing ahead,” Justice Somadder said.

The department bench, allaying the SEC’s fears that the prolong may throw all of the procedure off schedule, requested the single-judge bench to take up the hearing expeditiously on a daily basis while maintaining in mind the SC’s April 9 directives to the SEC. The apex court docket final Monday directed the state election commissioner to handle grievances of applicants unable to report their nominations in keeping with regulation.

The court docket combat started final week after the SEC on Tuesday scrapped its personal resolution to increase the nomination-filing procedure via an afternoon. The subject on Monday stood exactly where it was once final Thursday, when Justice Talukdar stayed the poll procedure and requested the SEC to post a comprehensive report on the way it had followed final Monday’s SC directive. “Common sense says it may not be conceivable for the SEC to hold the first section of rural polls on May 1,” senior CPM leader and legal professional Bikash Bhattacharya said.


SEC secretary Nilanjan Shandilya had a bad day in court docket on Monday. Justice Somadder first requested him whether or not the SEC was once supporting the Trinamool petition, to which Shandilya responded “yes”. The bench then requested him how a constitutional authority just like the SEC could give a boost to a political celebration’s petition. Shandillya then corrected himself and submitted that the SEC’s was once a separate petition and pleaded with the bench to vacate the stay order for the reason that poll procedure had come to a halt.


Senior legal professional and Trinamool MP Kalyan Banerjee submitted that he had challenged the writ petition calling in question an ongoing poll procedure. He argued that it was once in battle with Article 243 of the Constitution. “I will start my argument on Tuesday, challenging the maintainability of the writ petition,” he said.


Justice Talukdar had dealt with Banerjee’s objection in his Thursday’s period in-between order. “There could also be a felony foundation to the argument but this court docket, at this level, is of the view that the writ petition is maintainable because it is going to the foundation of the electoral workout,” he had held.


West Bengal: Pleas sent back to HC single bench, poll process in limbo West Bengal: Pleas sent back to HC single bench, poll process in limbo Reviewed by kailash soni on April 17, 2018 Rating: 5
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