Bengal Panchayat Election Results Can Be Nullified By Calcutta HC? Bench Takes Stern View Of State Election Commission

The government and ruling party of West Bengal may ultimately have to pay the cost for the violence and electoral malpractice it allegedly indulged in during the recent panchayat elections in the state.

The Calcutta High Court, on 12 July, expressed its anger over complaints of violence during the West Bengal Panchayat Elections conducted by the State Election Commission. The court emphasized that the final outcome of the polls depends on the pending writ petitions.

It directed the State Election Commission to provide a response on the situation and identify the booths that would require re-polling.

The court criticized the State Election Commission for its inadequate response and absence of its officers in court. It questioned why the Commission wasn't proactive, especially when the court was monitoring the entire process.

The court strongly remarked that the State Election Commission’s response was not adequate and no officer from the Commission was present in the court to give necessary instructions.

The court went on to state that, “It is not clear why SEC is not proactive, especially when the court has been monitoring the entire process. The SEC is to respond to whether the petitioner’s representation on 5000 booths for re-polling were considered by the SEC and whether any exercise was conducted to examine as to whether re-polling had to be in all booths mentioned by the petitioner.”

Furthermore, the court expressed surprise that even after the declaration of results, the state has been unable to control the violence. It emphasized that if the state fails to protect its citizens, it is a serious matter. Therefore, the State Government, State Election Commission, and Central Government were required to file their responses.

Lastly, the court made it clear that the entire situation is subject to the court's final orders. The Election Commission must inform all candidates that their declaration of being elected is contingent upon the court's decisions in related matters.