KOLKATA: The Calcutta High Court, in an unparalleled transfer, put an meantime stay on Bengal’s panchayat ballot process on Thursday after throwing a barrage of questions on the State Election Commission and important answers to these questions in court next Monday.
The technique of withdrawal of nominations, which began on Thursday even because the court was once staying the ballot process, was once intended to finish next Monday. Now, within the changed circumstances, the SEC will have to table an in depth report that very day at the standing of nominations filed for 58,000 panchayat seats. Justice Subrata Talukdar sought this report after staring at that the “the commission has did not allay grievances (of applicants) as directed via the (earlier) orders of April nine and April 10”.
This is the primary time that a ballot time table introduced via a state election panel has were given stalled in a court and this may have a cascading impact at the next stages of the ballot time table, together with the true dates of polling.
The state govt and the ruling Trinamool Congress are likely to transfer a Calcutta HC department bench on Friday in opposition to Thursday’s stay order. But state officials could not rule out the potential for a metamorphosis in ballot time table as a result of regulations underneath the West Bengal Panchayat Act, 2003, specified the period of time for every phase of the process.
Thursday’s order got here two days after the same court handed an meantime stay on Tuesday’s SEC determination to withdraw its personal notification extending the process of filing of nominations via a day in order that applicants, who stated they have been unable to record their papers on account of violence and intimidation via Trinamool supporters, could achieve this.
“This court is underneath no illusion that it is the commission’s activity to do its statutory activity. This court unearths energy from a line... that a... court can and should intrude in aid of an electoral process,” the court held.
Justice Talukdar additionally criticised the BJP’s going to the Calcutta HC and the Supreme Court with an identical pleas and fined it Rs 5 lakh for moving the SC with out pointing out that the Calcutta HC was once already hearing the subject.
Justice Talukdar, all over Thursday’s hearing, requested SEC consultant Nilanjan Shandilya what motion it had taken between Monday and Thursday after an SC directive and a Calcutta HC meantime stay at the SEC’s flip-flop. Shandilya submitted that the SEC had continued with the scrutiny of nominations, as scheduled, on Wednesday. The court took be aware that the SEC did not take any measure following the two court orders and directed it to record an in depth report next Monday, when it will additionally hear opposition parties’ pleas difficult the SEC flip-flop.
Senior lawyer and Trinamool MP Kalyan Banerjee stated the court had stalled an ongoing electoral process. “The court can not do that,” he stated, citing an SC order. The BJP, expecting the Trinamool transfer, additionally filed a caveat. “We have urged the court that no order should be given in our absence. It is a pre-election process as opposed to what Banerjee has argued and the court has the jurisdiction to listen to an election petition,” BJP legal cellular member Sumeet Chowdhury stated.
The technique of withdrawal of nominations, which began on Thursday even because the court was once staying the ballot process, was once intended to finish next Monday. Now, within the changed circumstances, the SEC will have to table an in depth report that very day at the standing of nominations filed for 58,000 panchayat seats. Justice Subrata Talukdar sought this report after staring at that the “the commission has did not allay grievances (of applicants) as directed via the (earlier) orders of April nine and April 10”.
This is the primary time that a ballot time table introduced via a state election panel has were given stalled in a court and this may have a cascading impact at the next stages of the ballot time table, together with the true dates of polling.
The state govt and the ruling Trinamool Congress are likely to transfer a Calcutta HC department bench on Friday in opposition to Thursday’s stay order. But state officials could not rule out the potential for a metamorphosis in ballot time table as a result of regulations underneath the West Bengal Panchayat Act, 2003, specified the period of time for every phase of the process.
Thursday’s order got here two days after the same court handed an meantime stay on Tuesday’s SEC determination to withdraw its personal notification extending the process of filing of nominations via a day in order that applicants, who stated they have been unable to record their papers on account of violence and intimidation via Trinamool supporters, could achieve this.
“This court is underneath no illusion that it is the commission’s activity to do its statutory activity. This court unearths energy from a line... that a... court can and should intrude in aid of an electoral process,” the court held.
Justice Talukdar additionally criticised the BJP’s going to the Calcutta HC and the Supreme Court with an identical pleas and fined it Rs 5 lakh for moving the SC with out pointing out that the Calcutta HC was once already hearing the subject.
Justice Talukdar, all over Thursday’s hearing, requested SEC consultant Nilanjan Shandilya what motion it had taken between Monday and Thursday after an SC directive and a Calcutta HC meantime stay at the SEC’s flip-flop. Shandilya submitted that the SEC had continued with the scrutiny of nominations, as scheduled, on Wednesday. The court took be aware that the SEC did not take any measure following the two court orders and directed it to record an in depth report next Monday, when it will additionally hear opposition parties’ pleas difficult the SEC flip-flop.
Senior lawyer and Trinamool MP Kalyan Banerjee stated the court had stalled an ongoing electoral process. “The court can not do that,” he stated, citing an SC order. The BJP, expecting the Trinamool transfer, additionally filed a caveat. “We have urged the court that no order should be given in our absence. It is a pre-election process as opposed to what Banerjee has argued and the court has the jurisdiction to listen to an election petition,” BJP legal cellular member Sumeet Chowdhury stated.
West Bengal: Rural poll process stayed, HC seeks report from SEC
![West Bengal: Rural poll process stayed, HC seeks report from SEC]()
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April 13, 2018
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