New Delhi: The Apex Court of India on Monday directed the West Bengal state election commission to “ensure fair and free” panchayat poll in the state and asked it to take appropriate steps to allay the apprehensions made by BJP or other intending candidates of not being permitted to contest the elections.
The Supreme Court, however, declined to interfere with the poll process by saying that after the Aapril 2 notification of the State Election Commission, the poll elections process has been set in motion.
“We hope and trust that in order to ensure fair and free election to the panchayats, the State Election Commission shall take appropriate steps to remove the apprehensions of the petitioner (BJP) and/or intending candidates and they may not be deprived of their chance to contest the panchayat elections,” a bench of Justices R K Agrawal and A M Sapre said.
The top court also said that if there is any grievance raised by any of the political parties or any candidate in writing, then the State Election Commissioner (SEC) would ensure that disposal of such grievance strictly are in accordance with the law forthwith.
It also said that the SEC should take into consideration the grievance made by any party or candidate and pass appropriate orders by keeping in view the nature of grievance made and the relevant factors concerning the poll and its process.
“We are, therefore, inclined to dispose of this petition by granting liberty to all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, to approach the State Election Commissioner with their any individual or/and collective grievance,” the bench said.
Citing the provisions of West Bengal Panchayat Elections Act, 2003, the bench said that law has empowered the SEC to pass appropriate orders in regarding to any grievance irrespective of being made by any political party or their individual candidate or any independent candidate with regard to issues related to the election or its process.
The Apex Court referred to its 1996 order and said that the law was a settled one that “once the election process has been set in motion, the Court ought not to interfere. We are not inclined to interfere.”
It took notice of the fact that the West Bengal SEC had also issued a notification on April 5 by providing additional venues for filing of nomination papers after the media reports about incidents of violence and prevention of some candidates from filing their nominations.
The BJP unit of West Bengal moved the top court by asking for a direction to the SEC to issue nomination forms to the party candidates in order to enable them to file their nominations.
The party also demanded urgent directions to ensure submission of the nomination papers through email and provide police protection to the candidates. Apart from that it also sought deployment of central paramilitary forces to maintain the law and order during the conduct of the Panchayat elections in the state.
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