The Calcutta High Court on Wednesday announced that the panchayat elections in West Bengal and the declarations of results “will be subject” to the “ultimate order” that it may pass with the petitions filed on poll-related violence and “electoral malpractices”, reported The Indian Express.
A division bench led by Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya also directed the State Election Commission (SEC) to inform the winning candidate that their election is “subjected to further orders to be passed by this court”.
“As observed in our series of orders, we are monitoring the entire process, we make it clear that whatever has happened thus far, like voting, results etc is subject to the further orders this court will pass in the present petitions. We put to notice, the elected candidates that their elections are subject to our further orders,” the bench directed.
The bench has asked the state and central government to file their responses to the petition by July 18, while also directing the West Bengal government to ensure that necessary steps are taken to control the situation.
“This court is surprised to note that even after results, the State is unable to control the violence. Various allegations have been made as to how liberty of citizens is being compromised and the Police have not been extending helping hand to the citizens, who are affected. The responsibility to ensure that there is no breach of peace lies with the State government and if it isn’t in the position to safeguard its citizens then it is a very serious matter to be taken note of,” the bench observed.
The petitioners also informed the bench that 6,000 booths must undergo re-polling due to instances of electoral malpractices.
“The State Election Commission is duty bound to preserve all records concerning the election including the CCTV footage, and it shall be solely responsible for the safety and security of all the records and the video footage. This direction shall be scrupulously adhered to,” the bench said.
“The court said the election results will be subject to orders passed by it. This means that if the allegations of violence and electoral malpractices are proven true, this result could be declared null and void. But that is subject to further orders from the court,” said advocate Priyanka Tiberwal.
The matter would be next taken up for hearing on July 21.
The HC on Wednesday dismissed the petitions seeking the panchayat elections be declared void due to non compliance of the basic principles of the Constitution.