“Where will the common people go if the State Election Commission (SEC) does not act in accordance with law ?” Justice Subrata Talukdar of Calcutta High Court asked on Wednesday.

The interim order of this Single Bench had set aside the cancellation of notification of the extension of submission of the nomination forms for a day for the panchayat election.

“The Supreme Court orders of 9 and 11 April does not bind me from passing an order in the rural polls matter”, the court pointed out after All India Trinamul Congress (AITC) counsel Kalyan Bandopadhaya submitted that the high court cannot interfere in election matters according to the Supreme Court orders.

Alleging the State Election Commission to be “a stooge of the ruling party” for its withdrawal of the date of nomination for the panchayat election, Bikas Bhattacharya on Wednesday questioned the locus of AITC opposing the extension notification which would enable candidates of other political parties to file nomination for the rural polls.

Appearing for CPI-M in person, he was submitting before Justice Subrata Talukdar of Calcutta High Court who extended the interim order of stalling the rural polls for a day.

The extension of the date of nomination for the forthcoming panchayat election by State Election Commission (SEC) was on the strength of an order of Supreme Court while a Single Bench of Calcutta High Court court rightly stepped in setting aside its withdrawal, Bikas Bhattacharya submitted. He was submitting following the oppostion to the Single Bench order of setting aside the SEC extention notification by All India Trinamul Congress (AITC) counsel, Kalyan Bandopadhaya earlier during the day.

Bhattacharya submitted that court can strike down a order if it is perverse. Where is the bar in the intervention of the court, he asked as there are predcedents of court declaring an election illegal following charges of rigging.
Our grievance is against the SEC which withdrew the order of extension of nomination, it was submitted. The commission has not yet replied as to what made it do so, it was submitted.

Who advised the SEC to withdraw its notification of extension, Bhattacharya asked. The withdrawal notification allegedly at the dictate of Trinamul leadership does not stand the test of law, it was submitted.

At an “external dictation”, the SEC withdrew its notification, it was alleged. As for the SEC issuing notification for extension of nomination late in the night, is it bad if an authority delays its ministerial powers, it was submitted and added that a administraive action can be struck down by court.

What is the extent of injury suffered by AITC if nomination process continues, Bhattacharya asked. It seems to be a case of rivals in trade, it was submitted.

Seeking to negate the opposition to the maintainability of the petition seeking extension of notification, Bhattacharya submitted that Supreme Court has taken note of the violence which has broken out during the nomination process. If somebody seeks an election without participation of contesting parties, it is not an ideal situation.