SULTAN HOSSAIN MOLLA ORS. vs THE STATE OF WEST BENGAL & ORS.

The writ petitioners appear in person. The grievance of the petitioners is in relation to West Bengal Panchayat Election that is to be held on May 1,

2018. The writ petitioners submit that today is the last date for filing the nomination and the petitioners no. 1, 2 & 3 are contesting in the said

Panchayat Election, 2018. It is further submitted that they had gone to the office of the Block Development Officer, Bhangore, South 24-Parganas

to file their nomination papers. However, it is alleged that the writ petitioners were beaten up by the members of some political parties with the

collusion of the police personnel. They further submitted that there is a reign of terror in the locality and they are unable to even enter the same due to

fear of grievous hurt being caused by some hooligans terrorizing the area.

This writ petition has not yet been served on the respondents. However, taking into consideration the urgency of the above matter, I am of the view

that an ad-interim order is absolutely necessary otherwise the said writ petition shall become infructuous.

 In relation to the West Bengal Panchayat Elections, the Supreme Court on April 9, 2018 passed an order in writ petition (C) 302 of 2018 (Bharatiya

Janata Party, West Bengal â€"Vs- State of West Bengal and Others). The relevant portion of the Apex Court order is provided below:-

“From the perusal of the Scheme and the provisions of the West Bengal Panchayat Elections Act, 2003 (for brevity “the Actâ€), we find

that the Act has empowered the State Election Commissioner to pass appropriate orders in relation to any grievance, when made by any political

party, or/and their individual candidate including any independent candidate with regard to any matter relating to and arising out of the election and

election process.

It is, therefore, essentially for theState Election Commissioner to consider the grievance once made by any party or/and candidate as the case may

be and pass appropriate order/s keeping in view the nature of grievance made and relevant factors concerning the election and its process.

We are, therefore, inclined to disposeof 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.

If any such grievances are made by anypolitical parties or/and any candidate/s in writing then needless to say, the State Election Commissioner

would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith.

We hope and trust that in order toensure fair and free election to the panchayats, the State Election Commission shall take appropriate steps to

remove the apprehensions of the petitioner and/or intending candidates and they may not be deprived of their chance to contest the panchayat

elections. With the aforesaid observations, the writ petition is disposed of.â€​

 In view of the Apex Court order it is clear that no intending candidate should be deprived of the chance to contest the Panchayat elections. It is the

duty of the State Election Commission to take appropriate steps to remove the apprehensions of such a candidate.

Keeping in view the above dictum of the Apex Court, I direct the respondent no.2 being the West Bengal State Election Commission to accept the

nomination of petitioner nos.1, 2 & 3 for the Panchayat Election, 2018 at their office being 18, Sarojini Naidu Sarani, Mullick Bazar, Park Street,

Kolkata- 700 017. The West Bengal State Election Commission shall obviously check the veracity of these candidates in accordance with law.

The writ petitioners are directed to serve copy of the writ petition on all the respondents by the end of the day.

The matter shall appear on April 12, 2018 at the top of the list.

Let a plain copy of this order, duly countersigned by the Assistant Registrar (Court) be given to the petitioners upon usual undertaking.