HC refuses to stay W Bengal's acting SEC's appointment

The Calcutta High Court today refused to stay the appointment of Alapan Bandopadhyay as acting state Election Commissioner after incumbent S R Upadhyay resigned apparently under pressure by political parties over violence in recently-held municipal polls.
Justice Dipankar Dutta, however, directed that all decisions taken by the SEC since Bandopadhyay's appointment will be subject to final outcome of the writ petition challenging his appointment.
At the end of a marathon seven-and-half-hour hearing well past the 4.30 pm rising time, Justice Dutta directed West Bengal government and SEC to file affidavits in support of their contention by November 17.
The petitioner was directed to file affidavit in opposition by November 17.

The matter would be taken up for hearing on November 23, the court directed.
Amitava Majumdar, a voter, yesterday moved the HC challenging the appointment of Bandopadhyay as acting State Election Commissioner by West Bengal government and prayed that he should not take any decision on polling, repolling or counting of recently-held municipal elections.
Apparently under pressure from political parties, Upadhyay resigned on October 6 as SEC over violence during civic polls on October three, following which the state government appointed Principal Secretary, Transport, Alapan Bandopadhyay, as acting state Election Commissioner.
The petitioner challenged the constitutionality of the provision for appointing a serving government officer as provisional State Election Commissioner claiming that it would affect the independence and neutrality of SEC.