More uncertainty as HC says poll date ‘tentative’

KOLKATA: Bengal’s panchayat poll agenda, already disrupted once, is headed for another round of uncertainty after the Calcutta High Court’s terming of the brand new agenda as “best tentative” and its severe criticism of the State Election Commission for announcing May 14 as the date of vote casting without first making sure foolproof security.

The SEC has already needed to reschedule the polling date to a one-day vote on May 14, scrapping the original threeday vote scheduled for May 1, 3 and five, after a court docket order extending the nomination paper-filing deadline. Tuesday’s order has now solid a shadow at the rescheduled poll date as neatly and forced the state leader secretary to convene an emergency assembly at the state secretariat on Thursday to talk about adequate security arrangements for rural polls.

The trial court docket of Justice Subrata Talukdar, while listening to the petitions filed through opposition events on Tuesday, made it transparent that the SEC had a constitutional duty to supply security and may not go ahead with the vote without first having the logistics in place.

The poll date may well be treated as final best after the department bench of the same court docket examined the “security plan” submitted through the SEC, Justice Talukdar held, taking a cue from SEC legal professional Saktinath Mukherjee’s submission that “the protection arrangements belong to the world of the department bench”. Justice Talukdar directed the poll panel to treat the notified polling date as “best tentative” while paying attention to the fee’s “diffidence” in announcing the date.

‘Tidal wave’ of lawsuits

The HC felt this was obvious from the language of the State Election Commission notification of April 26, which described May 14, 2018, “as the date on which poll shall, if vital, be taken”.


The trial court docket also put on file its “discomfiture” over the spate of petitions coming to the court docket like a “tidal wave” in spite of its reminding the State Election Commission of its responsibilities over and over again.


Senior legal professional and Trinamool member of Parliament Kalyan Banerjee later said that he apprehended a conspiracy in opposition to “the retaining of rural polls” but PDS secretary Samir Putatunda welcomed the order. “This is a landmark judgement in election history, where a court docket has ruled the poll date announced through an SEC is best tentative,” he said.


Senior legal professional and previous Lok Sabha Speaker Somnath Chatterjee expressed his “disgust” with the SEC’s functioning.


“I've by no means come throughout so many litigations over one poll. The SEC is a constitutional frame and needs to be aware of its responsibilities,” Chatterjee said.
More uncertainty as HC says poll date ‘tentative’ More uncertainty as HC says poll date ‘tentative’ Reviewed by Kailash on May 03, 2018 Rating: 5
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