West Bengal Panchayat Elections: Calcutta HC directs Police aid on plea by INC member [Read Order]

It would appear that the Bharatiya Janata Party (BJP) was not alone in raising apprehensions of opposition candidates being prevented from filing their nominations for the upcoming West Bengal Panchayat Elections..The intervention of the Calcutta High Court was sought by a member of the Indian National Congress (INC), who contended that opposition party members are not being allowed to file nominations, thereby a making a mockery of democratic rule..The petitioners had submitted that members of the opposition, who intended to contest were being scared away by threat of assault and even being physically obstructed..The Calcutta High Court has declined to allow prayers made for stalling the elections, observing,.“We are, prima facie, of the view that such prayers cannot be entertained in view of the pronouncements of the Hon’ble Apex Court in several decisions…Moreover, Article 243-O of the Constitution of India clearly states that no Panchayat election shall be called in question except by way of an election petition....… we are not inclined to pass any order which will interfere with the process of election. It is a democratic process and the same must be carried to its logical conclusion.”.However, the Bench of Acting Chief Justice Jyotirmay Bhattacharya and Justice Arijit Banerjee opined that other prayers made seeking aid in holding a peaceful election could be allowed. It was observed,.“…we are also conscious that India being a democratic country, every citizen has a right to offer himself/herself as a candidate in any election subject to that person being otherwise eligible….…Nobody can forcibly otherwise prevent a citizen from filing his/her nomination in any election.”.To this end, the Court has given interim directions to police authorities to extend their cooperation where genuine aid is required. The order states,.“If any intending candidate is in any manner obstructed from filing his/her nomination that person will be at liberty to approach the police authorities. .If the police authorities are of the view that their intervention is required and without such intervention the person concerned would not be able to file the nomination papers, the police authorities, including the Superintendents of Police of the respective districts, shall extend all assistance and co-operation so that the person concerned can file the nomination papers..It is expected that the State Administration, including the Police Authorities and the Superintendents of Police of the respective districts, shall ensure a fair and peaceful election.”.Further, the Court has also agreed to examine the allegations made by the petitioners after examination of affidavits by all concerned parties..The Court has directed the affidavit-in-opposition to by filed by April 16. Any reply thereto, is to be filed by April 19. The matter has been listed for April 20, on which date the question of maintainability will also be taken up..The Supreme Court bench RK Agarwal and AM Sapre has today declined to interfere in a similar petition filed by the BJP, although liberty was given for the petitioners to raise their grievances with the State Election Commissioner..Read Order: