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Synopsis

The Calcutta High Court on Wednesday directed all concerned police stations to render necessary assistance to those candidates, who are not able to file nominations, upon receipt of complaints on or before the last date of filing nominations.

A single-judge bench of Justice Rajasekhar Mantha was hearing a petition filed seeking police protection to file nomination papers in the forthcoming three-tier Gram Panchayat, Panchayat Samity and Zilla Parishad Elections.

The petitioners claimed that on June 13, 2023, they were prevented from filing their nominations for the aforementioned election process by members of the ruling party. They also claimed that only one person was able to file her nomination despite significant opposition.

Advocate General, representing the state, submitted that since the petitioners had complained to the State Election Commission, it is the Commissioner who should take steps.

As the deadline for filing nominations was on June 15, 2023, the court directed the Bhangar Police Station and the Kashipur Police Station to assist the petitioners in filing their nominations for the aforementioned elections before the deadline.

The court also directed the junior counsel for the state to communicate the gist of the present order to the Bhangar Police Station and Kashipur Police Station.

Further, the court directed that the junior counsel shall also communicate the gist of the present order to the Director General of Police of the State, who shall communicate to all the Superintendents of Police and Commissioners of Police in the State to ensure compliance with all orders of the State Election Commission.

Accordingly, the court disposed of the writ petition.

Case Title: Abdul Maleque Molla & Ors. v. West Bengal State Election Commission & Ors