Bengal panchayat polls: CPM had moved high court with the petition on e-nominations
In an order that legal luminaries say sets a "precedent", the Calcutta High Court has directed that nominations filed electronically by intending candidates for the state panchayat polls will have to be accepted by the State Election Commission (SEC), something the SEC had "displayed reluctance" to do.
The order by a division bench has added a fresh question mark to the
date for the rural polls. The SEC's 'tentative' date is May 14. But now that e-nominations must be accepted, the papers will have to be scrutinized, candidates will have to be given time to withdraw and to campaign.
The SEC, too, needs time to print fresh ballot papers including the names of the "email candidates".
In its order, the court said that the SEC should have accepted email nominations as the rights of the candidates and the electorate were involved. Accusations of partiality and unfairness could have been nullified, the court said, adding that the SEC had, by its own orders, accepted that there was violence during filing of nominations.
"If the state and SEC bypass democratic norms and forcibly hold polls on May 14 with 'goondas' (hooligans), they can. Otherwise, it does not seem possible," said Bikash Bhattacharya, CPM leader and lawyer in the case.
The petition on e-nominations was filed by Mr Bhattacharya on behalf of the CPM. Around 800 complaints were filed by intending CPM candidates, saying they could not file nominations.
Now, BJP says 2,000 intending party candidates had filed complaints too and it will go to court.
Meanwhile, another case about security arrangement for the polls was heard till almost 6 pm by the Calcutta High Court chief justice and will be heard again on Thursday as it's a holiday on Wednesday.
The state government submitted a list of available security personnel to court today -- almost 1.5 lakh. But the opposition has objected to the use of forest guards and civic volunteers. The latter are alleged to be ruling party loyalists.
The court asked lawyers representing the SEC if it was satisfied with the number of security personnel available and whether it had considered seeking central forces.
Calculations put the number of police that can be deployed at each of the 47,100 polling booths at two --- one armed, the other with a baton.
The petitioner in this case is Congress lawmaker Adhir Ranjan Chowdhury, who addressed the bench in person. He pointed out that 34 per cent rural seats were won already by Trinamool, unopposed. "Is this salubrious to the health of democracy?" he asked.