Supreme Court refuses to interfere in West Bengal rural polls

New Delhi: In a setback to the BJP, the Supreme Court (SC) on Monday refused to interfere in the conduct of panchayat elections in West Bengal and asked the party to approach the state election commission (SEC)  for redressal of their complaints with regard to refusal to issue nomination forms.

Accusing the ruling Trinamul Congress of preventing BJP candidates from filing their nominations, the West Bengal unit of the BJP moved the SC last week seeking availability of nomination papers online, extension of the last date of filing these papers and the deployment of the Central paramilitary forces in the state in the run up to the rural polls scheduled on May 1, 3, and 5. The votes will be counted on May 8.

The SEC on Monday, however, extended the deadline of filing nominations till Tuesday, ie April 10.

A Bench of Justices R.K. Agrawal and A.M. Sapre said that as per the West Bengal Panchayat Elections Act, 2003, state election commissioner has been empowered to pass appropriate orders in relation to any grievance, when made by any political party, or/and their individual candidate with regard to any matter relating to and arising out of election and election process.

The BJP in its petition had sought a direction to the West Bengal SEC to issue nomination forms to its candidates so as to enable them to file their nominations; to direct the state and the EC to call for deployment of Central paramilitary forces.

Dismissing the BJP’s writ petition, the bench said the election process had already commenced and the court cannot interfere at this stage. However, the Bench said the fact remains that according to the newspaper reports incidence of violence has taken place when the candidates have gone to obtain and file their nomination papers.

“It is, therefore, essentially for the state 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.”

The Bench said if grievances were made by any political 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.

It said, “We hope and trust that in order to ensure 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.”