SC seeks EC reply on plea challenging appointment of observers for LS polls in West Bengal

The Supreme Court Monday sought responses from the Election Commission, the West Bengal government and others on a plea challenging the appointment of two retired bureaucrats as special observer and central police observer in the state for the ongoing Lok Sabha polls.

The plea, filed by an Independent candidate of the Barrackpore Lok Sabha constituency in West Bengal, came up for hearing before a bench comprising Chief Justice Ranjan Gogoi and Justice Deepak Gupta.

The bench issued notice on the petition and posted it for hearing before a vacation bench on May 21.

"Issue notice, returnable on May 21. List before the vacation bench of this court," the bench said.

Barrackpore was one of the seven constituencies in West Bengal where polling was held Monday in the fifth phase of the general elections.

The petition, filed by Independent candidate Ramu Mandi, alleged that the two observers -- Vivek Dubey and Ajay V Nayak -- have been appointed in contravention of the law so as to ensure "certain favours" are granted at the time of election.

It stated that Dubey has been appointed as central police observer for West Bengal and Jharkhand while Nayak has been appointed as special observer for West Bengal only.

The petitioner alleged that he is "apprehensive" that these observers will "indulge in favouritism and partisanship" and their appointment will directly be against his interest as an Independent candidate.

"There appears to be no reasonable or cogent reasons to nominate or appoint retired officers as observers especially when there are multiple senior officers who are currently in service and are known to have impeccable integrity and reputation," the plea said.

Mandi further alleged that the observers were causing "prejudice" to him and he apprehends that his chances of being elected was being jeopardized by their "illegal" appointment.

"Numerous attempts have been made by them to jeopardize the election process by making unnecessary and unwarranted statements in public about the West Bengal's purported precarious condition," he claimed in his plea.

The petition also alleges that Dubey and Nayak's appointment as observers do not fulfill the requirement laid down under the Representation of the People Act, since they were retired bureaucrats and not "officers of government".