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Synopsis

The Calcutta High Court on Wednesday ordered the Central Bureau of Investigation (CBI) to look into the allegations of tampering with documents and misrepresentation by a returning officer in the Howrah district for the panchayat elections scheduled on July 08, 2023.

A single-judge bench of Justice Amrita Sinha ordered the CBI joint director to investigate the claim by July 5 and present a report to the court on July 7, when the case will be heard again.

“For the purpose of maintaining independence and transparency in the process of investigation, the Court thinks it fit to direct the CBI to conduct the investigation and file a report before this Court,” Justice Sinha said.

The court was hearing a writ petition where the petitioners had submitted the allegations against the Panchayat Returning Officer, who was responsible for accepting the nomination papers from the candidates interested to contest in the Panchayat General Election, 2023.

Through the petition, the petitioners stated that the concerned officer had tampered with the documents filed by the petitioners at the time of submitting the nomination papers.

Advocate appearing for the petitioners submitted that the receipt of the checklist which was handed over to the petitioners contained a different noting. The noting in the checklist given to the petitioners upon acceptance of the document filed at the time of submission of the nomination papers and the records maintained by the Returning Officer do not match with each other.

Further, it was stated that in respect of petitioner No.1, the tick mark in the checklist in the column for disclosing the caste certificate was struck off by a gel pen.

The petitioners also prayed for an investigation by an independent agency into the allegation of tampering.

The advocate representing the  State Election Commission stated that the allegation of the petitioners is required to be enquired and without an enquiry, it will not be possible for the Commission to take a decision on the matter.

The court after hearing both parties said, “As the officer against whom the allegation is made is acting according to the directives of the State respondents and is also responsible for conducting the election in a free and fair manner, it may not be possible for the State agency to act in an independent way.”

Further, the court directed the Panchayat Returning Officer, who videographed the entire incident to properly maintain and preserve the footage and the instruments, equipment in which such footage was recorded.

The court listed the matter on July 07, 2023.

Case Title: Kashmira Begam Khan v. Secy, West Bengal Election Commission