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Synopsis

The Calcutta High Court asked the State Election Commission (SEC) on Friday to file its response to petitions filed by members of the political parties in opposition seeking date extensions.

A division bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya was hearing two PILs filed by Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari for the upcoming Panchayat elections scheduled on July 8.

The high court ruled that the State Election Commission (SEC) can set a fair deadline for candidates to register nominations for the three-tier panchayat elections which is going to be held on July 8.

“Prima facie we are of the view that the time limit fixed in the notification is inadequate,” the court held.

The SEC had informed the court that the elections would take place on July 8, with nominations due by June 15. The counting of votes is scheduled for July 11.

Through the plea, the petitioners had also asked for the deployment of central forces from the date of filing the nomination till the declaration of results. Further, they had also requested the appointment of a special observer for the elections, the installation of CCTV cameras at polling stations, and the prohibition of contractual workers from being assigned election duty, as well as the imposition of an order prohibiting public gatherings around polling booths under Section 144 CrPC.

The high court noted that the term of office of the present elected bodies of all the Panchayats at the three levels will come to an end in August 2023.

“The State Election Commission can fix a reasonable time for the prospective candidates to file their nominations because it is insisted that nominations have to be filed in physical form,” the court said.

With regard to the direction to ensure free and fair polls, the court ordered that right from the stage of filing of nomination till the counting of votes and publishing results the entire process should be videographed and the said video footages have to be protected and preserved and the duty lies with the State Election Commission.

Further, while dealing with the deployment of Central Forces, the court said, "It is up to the SEC to decide whether it would be beneficial to seek the deployment of central forces so that state police may work alongside them to maintain law and order. As a result, we want a response from the State Election Commission on this matter."

Lastly, the court directed the State Election Commission to take note of the other concerns raised in the writ petitions and to file the response in the form of a report before the high court by June 12, 2023.

The matter is listed on June 12, 2023

Case title: Adhir Ranjan Chowdhury Vs The West Bengal State Election Commission And Ors.