Case Law Details
Ruhul @ Ruhul Sk. & Ors. Vs State of West Bengal & Ors. (Calcutta High Court)
Introduction: The Calcutta High Court recently responded to a writ petition filed by thirteen members of the Raniganagar-II Panchayat Samity, highlighting concerns about the upcoming election of Sthayee Samity members. The petitioners alleged illegal activities and pressure tactics employed by the ruling dispensation to influence the election process.
Election Day Turmoil
The writ petition revolves around the scheduled election for members of the Sthayee Samity in the Raniganagar-II Panchayat Samity. With the election set to take place, the thirteen petitioners approached the Calcutta High Court to raise alarm about alleged illegal activities and undue influence exerted by the ruling faction in the lead-up to the election.
Disturbing Circumstances
The petitioners presented a grim picture of the prevailing circumstances. Out of a total of 42 members in the Panchayat Samity, several key members faced legal troubles. The Sabhapati of the Panchayat Samity had been embroiled in a false criminal case and taken into custody. Additionally, six other members were named in an FIR, and they remained in hiding to evade arrest. Even the Pradhan (village head) was on the run and faced the imminent risk of being arrested.
Allegations of Intimidation
The petitioners alleged that the ruling dispensation had orchestrated an atmosphere of fear and lawlessness to hinder opposition members from participating in the Sthayee Samity election. They claimed that this intimidation was aimed at ensuring that opposition members would be unable to attend the election proceedings.
Request for Postponement
In light of the precarious situation and the members’ inability to attend the election, the petitioners sought a temporary postponement of the election proceedings. They urged the court to reschedule the election to a later date, allowing all members to participate freely and without fear.
Court’s Response
The Calcutta High Court took cognizance of the urgent matter, considering the writ petition’s urgency. The court ordered that the Prescribed Authority and the Sub-Divisional Officer, Domkol, should halt any further progress on the election scheduled for noon on that day. If the election had already taken place, the court instructed that the results should not be acted upon until September 20, 2023, or until further orders, whichever occurred earlier.
Communication and Correction
The court directed the learned advocate representing the petitioners to promptly communicate this order to the relevant authorities. Furthermore, the court granted leave to the learned advocate-on-record to correct the designation of respondent no. 6, specifying it as the Prescribed Authority and the Sub-Divisional Officer, Domkol Development Block.
Conclusion: The Calcutta High Court’s swift response to the writ petition highlights the critical role of the judiciary in ensuring fair and transparent democratic processes. By temporarily suspending the Panchayat election in the face of alleged political turmoil, the court has underscored the importance of upholding the integrity of electoral procedures. The case serves as a reminder of the judiciary’s commitment to safeguarding democratic principles and ensuring free and fair elections.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The meeting for election of the members of the Sthayee Samity, Raniganagar-II Panchayat Samity is scheduled today at 12 noon. Thirteen members of the said Panchayat Samity has approached this Court by filing the instant writ petition to draw the attention of the Court about the illegal activities of the members of the ruling dispensation and the manner in which they are pressuring the Prescribed Authority in conducting today’s meeting.
It has been submitted that there are total 42 members in the Panchayat Samity. The Sabhapati of the Panchayat Samity has been implicated in false criminal case and taken in custody. Six other members of the Panchayat Samity have been named in an FIR lodged before the police and the said members are absconding, fearing arrest. The Pradhan is also absconding and is under the threat of being arrested by the police. It will be practically impossible for all the members to attend today’s meeting for election of the Sthayee Samity.
It has been submitted that the ruling dispensation is creating an atmosphere of terror and hooliganism only to prevent the opposition members to remain present in the meeting for election of the members of the Sthayee Samity.
The FIR named persons are taking steps to avail remedy available to them in law so that they may remain present at the time of the election.
Prayer has been made for postponing the election for the day and for fixing up a separate day for election.
The writ petition has been filed by obtaining leave from the Court in the first session to move the same on urgent basis. Copy of the writ petition has been served in the Office of the Learned Government Pleader.
Let affidavit of service be filed in course of the day.
In view of the resolution adopted by the Bar Association of the High Court at Calcutta not to attend any Court proceeding on account of death of one of the learned members of the Association, learned advocate representing the State seeks accommodation for the day. It has been submitted that brief has been allotted to the learned advocate for the State just now and he seeks time to take instruction in the matter.
In view of the above, the Prescribed Authority and the Sub-Divisional Officer, Domkol is directed not to proceed any further with the election that is scheduled today at 12 noon and in the event the election has already been conducted, then not to give any effect to the result of the election till September 20, 2023 or until further order whichever is earlier.
Let the matter appear in the list on 14th September, 2023 under the heading “Urgent Motion”.
Learned advocate appearing for the petitioners is directed to communicate this order to the Prescribed Authority and the Sub-Divisional Officer, Domkol immediately who is directed to act in accordance with the said communication.
Leave is granted to the learned advocate-on-record of the petitioners to correct the designation of the respondent no. 6. The correct designation will be Prescribed Authority and the Sub-Divisional Officer, Domkol Development Block.
