IN THE MATTER OF:- ADHIR RANJAN CHOWDHURY vs WEST BENGAL STATE ELECTION COMMISSION & ORS.

The West Bengal State Election Commission issued three Notifications, all dated 2nd April, 2018, declaring election to the Gram Panchayats,

Panchayat Samities and Zilla Parishads in the State of West Bengal. The last date for filing of nomination has been notified as 9th April, 2018. The

first phase of election is scheduled for 1st May, 2018.

The present petitioner is a member of the Parliament from the Indian National Congress Party. He has filed this writ petition by way of public interest

litigation alleging that opposition party members are not being allowed to file nomination for contesting the Panchayat Election. They are being scared

away by threat of assault and even being physically obstructed.

The petitioner who appeared in person submitted that mockery is being made of the democratic rule, which is followed in our country. Several prayers

have been made in the writ petition. Some of the prayers are made regarding stalling of the election process. We are, prima facie, of the view that

such prayers cannot be entertained in view of the pronouncements of the Hon’ble Apex Court in several decisions including in the case of

Boddula Krishnaiah and another Vs. State Election Commissioner, A.P. and Others reported in (1996) 3 SCC 416 and in the case of N. P.

Ponnuswmi Vs. Returning Officer, Namakkal Constituency and Others reported in 1952 SCR 218 : AIR 1952 SC 64 : 1 ELR 133. Moreover,

Article 243-0 of the Constitution of India clearly states that no Panchayat election shall be called in question except by way of an election petition.

However, there are other prayers in the writ petition which the writ court may entertain. One of such prayers which is in aid of holding of a peaceful

election reads as under:-

“(a) (iii) To direct the respondent no.3 to ensure to file the nomination paper by the contesting candidates, if necessary, by a direction for filing

nomination before the State Election Commissioner and/or concerned District Magistrate of the concerned district who in turn send the same to the

concerned places by taking the process of internet;â€​

We have heard the Secretary of the Election Commission also. He submitted that complaints received from intending candidates are being looked into

and appropriate steps are being taken so that any intending candidate can file his/her nomination paper and contest the Panchayat Election. He

submitted that a notice has been issued to the effect that if nomination paper cannot be filed by an intending candidate at the office of the B.D.O., the

same may be filed at the office of the S.D.O. He also handed up to us a Nomination Report (cumulative) for the first four days of filing of nomination

with respect to the Zilla Parishads, Panchayat Samities as well as Gram Panchayats. The said report filed in Court today be kept with the record.

From the said report it appears that huge number of nominations have been filed by various parties.

We are of the opinion that the correctness of the allegations made in the writ petition cannot be decided without inviting affidavits.

Let affidavit-in-opposition be filed by 16th April, 2018; reply, if any, be filed by 19th April, 2018. The matter will be listed on 20th April, 2018 under the

heading “Specially Fixed Hearingâ€​.

In so far as the prayer for interim order is concerned, we are not inclined to pass any order which will interfere with the process of election. It is a

democratic process and the same must be carried to its logical conclusion. However, we are also conscious that India being a democratic country,

every citizen has a right to offer himself/herself as a candidate in any election subject to that person being otherwise eligible.

Nobody can forcibly or otherwise prevent a citizen from filing his/her nomination in any election. If any intending candidate is in any manner

obstructed from filing his/her nomination, that person will be at liberty to approach the police authorities. If the police authorities are of the view that

their intervention is required and without such intervention the person concerned would not be able to file the nomination papers, the police authorities,

including the Superintendents of Police of the respective districts, shall extend all assistance and co-operation so that the person concerned can file the

nomination papers.

It is expected that the State Administration, including the Police Authorities and the Superintendents of Police of the respective districts, shall ensure a

fair and peaceful election.

The maintainability point of the writ petition raised by the respondents, including the point as to whether or not this writ petition is maintainable as a

public interest litigation, is left open which will be decided at the time of hearing of the writ petition