Bharatiya Janata Party & Anr. vs State Election Commission And Others

The additional point urged before this Court is that although the State, being in statutory consultative capacity with the Commission, unilaterally through

its representative announced the extended day/date of filing of nominations thereby usurping the prerogative of the Commission itself. It is therefore

submitted that due process as provided by the West Bengal Panchayat Elections Act, 2003 (for short the 2003 Act) as well as by the order of this

Court dated 20th April, 2018, was observed more in the breach than in compliance.

Answering Mr. Banerjee’s posers on the above count, Mr. Sandilya, the Secretary representing the Commission in the person submits

documentary proof to show that the petitioners were invited on 20th April, 2018 itself to meet the Commission at 1 p.m. on the next date i.e., 21st

April, 2018 for finalilsing the extended date for filing nominations. Mr. Sandilya submits that the meeting could not take place at 1 p.m. because of the

designed inability  of the petitioners to hold the meeting with not two designated representatives but, with five.

Therefore, in order to keep the meeting at par with that of other political parties/stake holders the meeting with the petitioners/BJP had to be re-

rescheduled at 6 p.m. on 21st April, 2018. The views of the BJP were heard on 21st April, 2018 and, stand recorded through the bullets of the views

of other political parties before the Commission and also handed over in Court today. It is submitted that the Commission takes responsibility of its own

notification which was issued after completion of meetings with the political stake holders and this shall be apparent from the advisory sent by mail to

the District and Police administration announcing the extended day/date for filing nominations which, as produced before this Court, reads the 21st of

April, 2018 at 9.27 and 9.28 p.m.

Accordingly, the Commission points out that no different treatment was given to the BJP in so far as compliance of this Court’s order dated 20th

April, 2018 is concerned and, it is also important that in respect of districts considered to be sensitive in the polling process as brought to the notice of

the Commission by different political parties, a formal advisory on behalf of the Commission to the DGP and IGP, West Bengal were issued on the

22nd of April, 2018 referring to the consultative process initiated by the order of this Court dated 20th April, 2018.

Furthermore, a nomination report for Gram Panchayats, Panchayat Samitis and Zilla Parisads of all districtsin West Bengal for the period between 2nd

April, 2018 to 9th April, 2018 and 23rd April, 2018 has been produced before this Court by the Commission. The nomination report gives a break up of

the nominations filed by each of the collective stake holders/major political parties.

An intervention application is again sought to be made on behalf of the All India Trinamool Congress (AITMC) represented by Mr. Kalyan Banerjee

in-person. This Court reiterates its views as already recorded by the order of today i.e., 24th April, 2018 in WP 4880(W) 2018 connected to the locus

of such intervention. Reiterating the views already expressed in WP 4880(W) of 2018(supra), a Tender number being ASTA 5 of 2018 is granted and

the intervention is brought on record purely as an intervenor, since this Court has no intention of pushing the matter for prolonged hearing by inviting

affidavits. Since Affidavits are not invited allegations/counter allegations shall be deemed to be denied. This Court therefore finds as follows :-

(A) The order dated 24th April, 2018 in WP 4880(W) of 2018 on a pari materia issue shall govern the present writ petition;

(B) The argument of the petitioners that the extension of the day/date was announced in violation of due process, is not accepted in the light of the

submissions and documents produced by the Commission.

Therefore, no intervention by any order is necessary in this writ petition. WP No. 4887(W) of 2018 along with ASTA 5 of 2018 stand accordingly

disposed of. No order as to costs. Documents filed in Court today be retained with the record. Urgent photostat certified copy of this order, if applied

for, be given to the parties upon compliance of all necessary formalities.