The Calcutta High Court on Friday directed the State Election Commission (SEC) to file a report on allegations that only candidates of the ruling Trinamool Congress party (TMC party) were able to file nominations to contest from 274 seats in the upcoming West Bengal panchayat elections. [Taj Mahammad Halder v. The State of West Bengal State Election Commission and ors]
The order was passed by a bench of Chief Justice TS Sivagnanam and Justice Ajay Kumar Gupta, after the Court was told that all the seats in a particular block (274 seats) were uncontested as none of the candidates from other parties could file nominations.
"This seems to be very abnormal, 274 (seats going uncontested)... There are 10 gram panchayats, 30 samitis, 3 zilla parishads," the Chief Justice orally observed today.
The Court proceeded to direct the SEC to file a report on the issue by Monday when the matter would be heard next.
"We are examining a larger issue as to whether it is possible and feasible that 274 seats can remain uncontested and there is not even a single person who is desirous of filing his nomination for any one of the seats in the 10 gram panchayats, 30 panchayat samitis and 3 zilla parishads. Therefore, we direct the third respondent, the West Bengal State Election Commission to file a report on the issues highlighted in the writ petition and the Court will decide as to what further orders are required to be passed in this writ petition," the Court's order stated.
In the hearing today, the petitioner's counsel asserted that his right to choose his electoral representative was being violated.
"How is it possible milord? In a multiparty democratic system, that no one will come up to file their nominations? And how can I choose? I am losing my right - Constitutional right to choose a candidate, my representative. I am losing my right to vote ... I have a right to choose," he argued.
This issue was also brought to the notice of single-judge, Justice Amrita Sinha yesterday, who had orally observed that "274 seats going uncontested cannot be accepted."
In yesterday's hearing, the petitioner's counsel had claimed that candidates were prevented from coming out of their houses during the nomination period and that they had encountered violence during this time.
The Court had initially questioned whether any intervention could be possible when the last date for filing nominations (June 15) had passed.
However, after hearing the petitioner's submissions further, Justice Sinha had directed the SEC to file a report on whether they had taken any action in response to a June 15 complaint stated to have been sent via email about the alleged violence that took place during the filing of nominations.
[Read Order]