The Calcutta High Court today made scathing observations on the State Election Commission's neutrality in the West Bengal panchayat elections and asked it to consider those as a wake-up call, but refused to interfere in the poll schedule announced by it.
A division bench, comprising Justices B Somadder and A.Mukherjee, observed that the SEC should conduct itself in a manner which palpably demonstrates its paramount objective of maintaining absolute neutrality, fairness and transparency during the election process as an apolitical and neutral body.
The bench said that it is expected that the SEC shall redeem itself by taking a note of the observations made in its order as a wake-up call.
The division bench refused to interfere in a single bench order that had said that it does not intend to interrupt the electoral exercise further nor intervene by passing any direction in this petition.
Petitioner Ritzu Ghosal, a general secretary of West Bengal unit of Indian National Congress, had appealed before the division bench after Justice Subrata Talukdar refused to intervene and disposed of his application.
The bench observed that the SEC ever since the issuance of the initial notification of the state government for the 2018 panchayat elections "has acted in such a manner that eyebrows have been raised and accusatory fingers have been pointed against it time and again".
Observing that its (SEC) neutrality has been seriously questioned, the court said it has floundered while performing its Constitutional obligation to uphold the democratic principles in a fair and transparent manner leading to a spate of litigations ever since the election process was set to motion.
Opposition parties in the state, in a number of petitions before the HC, have accused the SEC of playing a partisan role. The ruling Trinamool Congress opposed the petitions along with the commission.
The notification, dated April 26, for holding election on a single date without providing necessary clarification specially when three dates were announced in the previous notification dated March 31 has inevitably raised eyebrows and pointing of accusatory fingers at the commission, which could have been easily avoided.
Stating that the commission has itself invited litigations after the election process has commenced, the bench said, "Instead, it ought to have allayed the fears and concern of all stakeholders and above all, the voters, who repose complete faith and trust on this august Constitutional body."
Gaining their confidence, therefore, is the commissions paramount duty before, during and after the election process commences, the court said.
Quoting from Dr B R Ambedkar, the bench said, "However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good."
Negating the commission's contention that courts cannot intervene once the election process has started, the bench held that court can always intervene judging the quality of the action on the part of the Election Commission.
The high court had on April 20 directed the electoral body to issue fresh notification to allow nominations for panchayat polls in West Bengal, quashing its cancellation of extension of deadline for filing nominations.
Justice Subrata Talukdar had asked the poll panel to issue fresh notification extending the date for filing nominations.
The court, which had earlier stayed the election process, directed the commission to reschedule the dates for panchayat election process and accordingly conduct the polls.
In separate petitions today before another division bench presided by Chief Justice J Bhattacharya, which also took up some other matters with regard to panchayat elections including finalisation of date for the election as referred to it by a single bench, posted the matters for hearing on Tuesday.
Justice Talukdar had on May 1 directed that the SEC's decision to hold the panchayat polls on May 14 cannot be treated as final and said that it can be considered to be a tentative date only.
Justice Talukdar had also directed the commission to place details on security arrangements for the election before the bench.
Passing the direction on petitions by political parties challenging the SEC's decision to hold the election on a single day, Justice Talukdar HAD said that the final decision on the date for the panchayat elections will be considered by a division bench headed by the Chief Justice.
This issue, as well as a contempt petition by state Congress president Adhir Chowdhury would be taken up on Tuesday by the bench comprising Chief Justice Bhattacharya and Justice Arijit Banerjee.
Disclaimer: No Business Standard Journalist was involved in creation of this content
