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Rural poll: HC flays SEC conduct

Tearing into the State Election Commission (SEC), the Division Bench of Justice Biswanath Somaddar and Justice Arindam Mukherjee of Calcutta…

Rural poll: HC flays SEC conduct

Calcutta High Court (Photo: Twitter)

Tearing into the State Election Commission (SEC), the Division Bench of Justice Biswanath Somaddar and Justice Arindam Mukherjee of Calcutta High Court on Friday asked it to act “neutrally” so that “no eyebrows are raised and accusing fingers are pointed to it.” It asked the commission to consider its observations as a “wake-up call”.

The court, however, refused to interfere with the panchayat election schedule announced by the commission.

“The commission has floundered in upholding its constitutional obligations” the court observed, referring to the conduct of the SEC regarding the panchayat election process.

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“The image of the commission was further sullied after the Single Bench set aside a notification cancelling the extension of date of filing nomination” the court said.

Touching on a sore point raised by Opposition parties regarding the revised poll schedule the Division Bench observed: “The commission’s decision to reduce the number of phases for panchayat elections in the state from the earlier three to one in its second notification without providing necessary clarification inevitably raised eyebrows and was avoidable.”

The observations came while the Division Bench was hearing an appeal by Ritju Ghosal, a PCC general secretary against a Single Bench judgment that refused to interfere in the SEC decision on the poll schedule.

The panchayat elections were to be held in three phases from 1 May to 5 May, according to the initial announcement of the commission. But following a Single Bench order directing rescheduling of elections, another notification announced only May 14 for polling in the entire state.

“The SEC had itself invited litigations by its conduct and observed that it should, instead, have acted in a manner that allayed apprehensions and grievances of the stakeholders” the Division Bench observed.

At the same time the court directed that its observations could not be used by any political party or an individual participating in the election campaign.

Meanwhile, the hearing of the petition on the date of panchayat election was adjourned till Tuesday by the Division Bench of Chief Justice Jyotirmoy Bhattacharya and Justice Arijit Banerjee on Friday.

An appeal of CPI-M seeking filing of nomination by electronic mode is scheduled to be heard before another Division Bench of this court on Monday.

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