Thread by @LiveLawIndia

#PanchayatElectionWB2023

#CalcuttaHighCourt to begin hearing two PILs filed by Congress' Adhir Ranjan Chaudhury and BJP'S Suvendu Adhikari raising their concerns about the conduct of the Panchayat Polls by the WB State Election Commission.

@adhirrcinc @SuvenduWB

@adhirrcinc @SuvenduWB On Friday, a division bench of CJ Sivagnaman and Justice Hiranmay Bhattacharya had asked the State Election Commission (SEC) to file a report regarding the concerns raised by the petitioners.

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@adhirrcinc @SuvenduWB The Court had also noted that prima facie insufficient time had been provided to candidates for filing their nomination and had asked the SEC to reconsider the same.

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livelaw.in/high-court/cal…

@adhirrcinc @SuvenduWB Matter taken.

SEC counsel hands compliance report to the Bench.

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@adhirrcinc @SuvenduWB CJ: extension of date of nomination?

Counsel: earlier 7 days time was given

CJ: we don’t know what happened last time. Date of publication is excluded...

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@adhirrcinc @SuvenduWB EC: Earlier we have given 7 days but there was no objection.

CJ: we can push to 17th June

EC: we can make it 16th June that will give 7 days

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@adhirrcinc @SuvenduWB CJ: let’s us see section 43(1)a of the election rules

EC: after issue of notification under s42 commission shall appoint date in manner prescribed as followed. Last day for nomination shall be later than 21 days but earlier than 35 days

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@adhirrcinc @SuvenduWB EC: starting point is 21 days ending point is 35 days

CJ: where does it say it cannot exceed 7 days?

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@adhirrcinc @SuvenduWB EC: it doesn’t say so

CJ: what time is given during general elections ?

EC: seven days

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@adhirrcinc @SuvenduWB CJ: if last date is extended to 16th June then once and for all, dates are extended

EC: keeping that in mind we are offering one day extension

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@adhirrcinc @SuvenduWB EC: kindly see list of dates in petition. They knew on 24th April that they needed to file nomination

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@adhirrcinc @SuvenduWB EC: 9th june SEC issued notice under Section 43 of the WB panchayat election act; 17th june date of scrutiny; 18th June date of withdrawal.

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@adhirrcinc @SuvenduWB *Corrigendum: Last day for nomination shall not be later than 21 days but earlier than 35 days twitter.com/i/web/status/1…

@adhirrcinc @SuvenduWB SEC: What I submit is one day extension will not disturb this process. But apart from anything else the process has been like this throughout the years.

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@adhirrcinc @SuvenduWB SEC submits older notifications showing that earlier time lines were similar to the current timeline.

CJ- earlier you have give five days buffer and on Sixth day filing.

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@adhirrcinc @SuvenduWB SEC- in 2022, six days were given and no objection.

CJ: their first point was that notification was issued on Friday and nomination started on Friday there was no window or buffer even for administration as well as candidates

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@adhirrcinc @SuvenduWB CJ- BDO or SDO should be given a window...if they had issued notice on Friday 9th June and nomination ended on 16th June then everyone involved would have reasonable time

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@adhirrcinc @SuvenduWB SEC: we want a fair election

CJ: no attempt from petitioners @adhirrcinc @SuvenduWB to stall elections. Definitely commission will ensure free and fair elections

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@adhirrcinc @SuvenduWB CJ: forget about political party, they are independent individuals who are seeking free and fair elections assuming they are independent candidates

#PanchayatElectionWB2023 @SuvenduWB @adhirrcinc

@adhirrcinc @SuvenduWB CJ: give 7 days and start from a reasonable time. Give us a schedule.

SEC: if it is 16th june then other dates will not be disturbed and that will not have any objection from the opposing counsel

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@adhirrcinc @SuvenduWB CJ: from the date of publication to the date of nomination five clear dates must be given. Excluding the date of publication.

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@adhirrcinc @SuvenduWB EC- excluding 9th, Saturday and Sunday are holidays, so keep aside holidays

CJ: At least 5 days can be given excluding holidays and date of notice

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@adhirrcinc @SuvenduWB CJ: If this notice was published on the website or on any online mode they would have sufficient notice and could be prepared

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@adhirrcinc @SuvenduWB CJ: particulars mentioned in the WB Panchayat election rules- declaration must be filled up. For this, time is required

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@adhirrcinc @SuvenduWB CJ: these things will take time.

SEC: in last two elections this was filed in 7days. They are ready with it...

CJ: we will exclude 9th June. Then five clear days, from 15th conclude the day for filing nominations. Reschedule the rest of the process...

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@adhirrcinc @SuvenduWB CJ: exclude 9th, start from 15th, filing of nominations to start from 15th continue to last date 21st, 23rd June for scrutiny, 26th for withdrawal

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@adhirrcinc @SuvenduWB Petitioner: problem in last election was 20,000 seats were won uncontested. No nomination could be filed...

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@adhirrcinc @SuvenduWB Petitioner: important aspect is that filing of nomination is the most important threshold for the Gram Panchayat system. It must be ensured that persons can contest...

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@adhirrcinc @SuvenduWB Petitioner: Supreme Court noted these submissions that 20,000 seats were uncontested on the last election

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@adhirrcinc @SuvenduWB Petitioner: In statute, it is not as though these time frames are frozen. See section 43.

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@adhirrcinc @SuvenduWB Petitioner reads out section 43 proviso: Commission may extend date of completion of election through notification in case of any exigency.

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@adhirrcinc @SuvenduWB Petitioner: whole purpose of panchayat will be undermined if this is how the process is rushed. This is apart from other problems. Only 1% nomination happened on first day.

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@adhirrcinc @SuvenduWB Petitioner: for reserved constituencies candidates will have to get reservation certificate. The online facility for this has stopped.

CJ: declaration has to be signed.

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@adhirrcinc @SuvenduWB Petitioner: difficult process of filing nomination papers.
10 candidates per seat, 73000 seats; 24 hours time given- 6 days, 4 hours per day; It gives 40 seconds for each candidate even on a rough estimation...

#PanchayatElectionWB2023 twitter.com/i/web/status/1…

@adhirrcinc @SuvenduWB Petitioner: these papers have to filed with authority who will accept these papers who works from 11am-3pm so 4 hours a day for 6 days

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@adhirrcinc @SuvenduWB CJ: if you can maintain the same schedule as 2018... Pushback at starting point...That was 2nd April and 9th April nominations began...there were 7 days then and here it is 6 days

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@adhirrcinc @SuvenduWB SEC: please see section 46. I have to ensure fair elections. Only concern. Will do whatever is needed. Hands are tied by provisions of this Act and Rules. So one day extension is permitted and not otherwise.

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@adhirrcinc @SuvenduWB CJ: even if one day then entire schedule has to be pushed back. 4 hours of submission of nomination is difficult...as per the Act public holidays have to be excluded

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@adhirrcinc @SuvenduWB SEC: 3pm is deadline but we don’t close shop. Goes on till everyone in the queue is done

CJ: then make this clear. From guidelines it appear that only 4 hours aree given

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@adhirrcinc @SuvenduWB CJ: how many nominations have been filed already?

EC: 10,000 it is going on

CJ: let it go on, extend the date and provide more time

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@adhirrcinc @SuvenduWB CJ: Section 43 proviso allows commission to extend time by notification. What happened before should not be repeated..

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@adhirrcinc @SuvenduWB CJ: panchayats may be strongholds of independent candidates so give them time to file their papers

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@adhirrcinc @SuvenduWB CJ: if you postpone the date of poll from 8th July in terms of subsection 2, state govt and election commission must agree

Petitioner: it is in commission's hands...we are looking at extension and not revocation so state govt consent is not needed

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@adhirrcinc @SuvenduWB Petitioner: there is distinction between extension and revocation. One were timeline is needed to be extended and other when commission says it cannot hold election and asks state to revoke notification

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@adhirrcinc @SuvenduWB CJ: don’t read 43(1) with 43(2) both are distinct. 43(1) provides for extending the completion of any election process by the EC

EC- can I do that without asking State govt?

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@adhirrcinc @SuvenduWB CJ: if 8th July has to be pushed back, can 43(2) come in?

Petitioner: No, 43(2) talks of revocation

CJ: 42 says state govt freezes dates of election with consultation of commission. If commission wants to extend to push back the date fixed under 42...

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@adhirrcinc @SuvenduWB Petitioner: statute envisages notification of the commission and not the consent of the state govt

EC: I can extend by one day without problem

CJ: will that be adequate?

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@adhirrcinc @SuvenduWB CJ: physical filing of forms is going on. There are public holidays. Online cannot be done...

SEC: Supreme Court passed order against online nomination. Has to be physical.

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@adhirrcinc @SuvenduWB CJ: preparedness of the officers is very important

SEC: complete preparation is done. When we announce dates then we have everything in order such as CCTV, officers etc.

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@adhirrcinc @SuvenduWB EC: everyone knew about it since 24th April

Petitioner: it said “election to be held in due time”. We didn’t know the actual time frame.

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@adhirrcinc @SuvenduWB Petitioner: we made complaint that there was violence and we were unable to file our papers. Two days were wasted. One INC worker was killed

SEC: I don’t support violence. But for this earlier notification has to be revoked with State's consent

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@adhirrcinc @SuvenduWB CJ: electorates should not suffer. SEC must achieve confidence of electorate. Filing of nomination is one such process but electorate should get confidence in entire process

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@adhirrcinc @SuvenduWB CJ: EC is independent body with so many powers. Independent body who cannot buckle under any pressure. We felt that prime facie there wasn’t enough time

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@adhirrcinc @SuvenduWB CJ: Satisfaction of state govt till what extent, when the EC says it is having difficulty? if commission takes a stand under 43(2) then the opinion of the commission can refer the matter to the state and the state can revoke

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@adhirrcinc @SuvenduWB CJ: if a recommendatory body recommends some action then what power does the state or union govt have? Commission has absolute control over elections in the state

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@adhirrcinc @SuvenduWB CJ: all previous orders of elections and law and order required deployment of central forces...such a large number of people for each candidate. Imagine the number of people spreading propaganda. Will the state force be adequate?

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@adhirrcinc @SuvenduWB CJ: EC must decide whether central forces will be required. Have notified sensitive districts. What do we do with them? Some more thoughts are required. State cannot make assessment regarding central forces. EC can.

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@adhirrcinc @SuvenduWB CJ: in my experience all polls need central forces given the extent of the area. What happens to day to day law and order if you send all state forces to the sensitive areas? That’s why you need reserved forces...

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@adhirrcinc @SuvenduWB CJ: EC must make assessment

Petitioner: not even one police person per polling booth is available

CJ: Civic volunteers are not police, they are only assisting.

SEC: will report this to election Commissioner and thereafter he will decide...

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@adhirrcinc @SuvenduWB CJ: Court has had to step in after previous elections as well. There is a petition that temporary contractual employees should not be deployed for elections. Point is accountability. If I am a contractual worker as poll officer there is no accountability

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@adhirrcinc @SuvenduWB CJ: commission be aware of the orders of this court regarding deployment of central forces

Petitioner: here notification takes immediate effect, but even in central elections one day is given

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@adhirrcinc @SuvenduWB State: under section 43 Commission doesn’t have power to change dates. See 46(2) there is no complaint before EC. They have rushed to court. Without approaching the EC. There was no obstruction

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@adhirrcinc @SuvenduWB State: one day time has been given to EC to extend because of situation arisen...No case made out under 46(2)

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@adhirrcinc @SuvenduWB State: What is statutory provision in RP Act. Notifications take after one day. Nomination 7 days after date of notification. I submit that the state law is different and that notification takes effect immediately

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@adhirrcinc @SuvenduWB CJ: what happened in 2018, last date was 7 days after notification

State: in 2018, 2nd April to 9th April there were public holidays so therefore were 7 days

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@adhirrcinc @SuvenduWB CJ: 11th June is a holiday which is Sunday. Still not 7 days

State: 7 days not compulsory

CJ: true but you’ve done this before

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@adhirrcinc @SuvenduWB CJ: in 2018 Commission gave 7 clear days. Commission is empowered to push back by one day.

State: nomination papers were available ever since notifications

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@adhirrcinc @SuvenduWB State: no complaint made under section 46

CJ: there appear to have been complaints

State: no one returned without filing nomination

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@adhirrcinc @SuvenduWB State: in Calcutta HC 2,000 petitions are filed everyday doesn’t mean they are all heard

State: if there are 20 panchayats in one block then there are 20 different officers for each panchayat so it is not difficult at all

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@adhirrcinc @SuvenduWB State: whether State is sufficiently helping EC is decided by EC. Satisfaction of political parties is not required

CJ: we don’t know how many complaints EC has received. Assuming that public interest can be discharged we can take this upon ourselves

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@adhirrcinc @SuvenduWB CJ: this issue so far as grievances is concerned, the electorate must be taken care of...if commission can ensure seamless availability of forms, regulation of law and order, etc then there are no issues

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@adhirrcinc @SuvenduWB State cites case of WBEC v CPIM on nomination in electronic form.

State: SC held that even though HC wanted to ensure free and fair election, the 226 power must be exercised in a manner consistent with law viz section 42,43 and 46

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@adhirrcinc @SuvenduWB State: any reform in electoral process must be carried out by process. HC cannot make reforms to sections in the panchayat election act.

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@adhirrcinc @SuvenduWB State: whatever the court can do jurisdictionally has to be within the statute. Once election process is started it cannot be interdicted. If EC does it then fine. But court interference is not permissible because that may be interdicting

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@adhirrcinc @SuvenduWB State: all energy is saved to approach HC and SC under writ jurisdiction. No suits are filed in the appropriate forum. This is not the way.

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@adhirrcinc @SuvenduWB State: one day would be within the power of the SEC and court has to be within parameters of the statute in order to protect democracy.

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@adhirrcinc @SuvenduWB Petitioner: please look at rules under panchayat election act. District panchayat election officer can give the date

CJ: it cannot be a different date from the one published

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@adhirrcinc @SuvenduWB Petitioner: extended time- last date for making nomination, scrutiny and withdrawal shall be governed by an order issued under 46(2)

CJ: they are ready to do that

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@adhirrcinc @SuvenduWB Petitioner: look at 46(2), it deals with contingencies and that doesn’t abrogate powers in 43(1) or 46(1)

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@adhirrcinc @SuvenduWB CJ: subsection 2 is qualified to the proviso. So commission may extend by order the date

EC submits that in terms of contingency under 46(2) they can extend by one day

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@adhirrcinc @SuvenduWB CJ: in case of individual complaints under this PIL, we will issue directions for filing of nominations seamlessly. But extension of time can only be done under 46(2) as it is a power available only to the commission

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@adhirrcinc @SuvenduWB Justice Hiranmay: Section 43 and 46 are different altogether. 43 is for whole process, 46 is particular in nature

Petitioner: 46(2) doesn’t inhibit powers under 43

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@adhirrcinc @SuvenduWB Justice Hiranmay: 46 can be done for a particular block but 43 is for whole Process

CJ: they can pushback by one day. What has to be done to ensure that nominations has to be filed in an appropriate we will issue.

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@adhirrcinc @SuvenduWB Petitioner: one day is not justified

CJ: PIL is to ensure seamless process in aid of election

Petitioner: all our prayers are for that. But one day is taking a hyper technicality without looking at the ground reality.

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@adhirrcinc @SuvenduWB Petitioner: In 2013 EC took its own extension and the SC allowed it. Court has vast powers under 226

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@adhirrcinc @SuvenduWB CJ: people are not in positions to freely file nominations, state and EC will ensure availability of papers and modes to file nominations. We will make a direction to ensure this

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@adhirrcinc @SuvenduWB Petitioner: wrt the dates for nomination I submit that this court can issue the direction under 43(1) for extension

CJ: we will direct the commission to exercise the power under proviso to 43 and not specify how much time

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@adhirrcinc @SuvenduWB Petitioner: let’s take it tomorrow to see what extension they take

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@adhirrcinc @SuvenduWB CJ: how do you push back the date without interdicting the process like the SC says. Postponing the dates may be interdicting as it doesn’t further in the completion of the election...

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@adhirrcinc @SuvenduWB Petitioner: last date for elected body to take place is August so any order given will not be an interdict on the election...Only put in place a more robust schedules

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@adhirrcinc @SuvenduWB Petitioner: Date of completion has not been notified. Only date of poll 8th July. So court orders may not result in interdiction.

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@adhirrcinc @SuvenduWB Petitioner submits instances of violence after various polls in WB and asks for deployment of paramilitary forces for polls

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@adhirrcinc @SuvenduWB Petitioner: EC cannot hide behind statute. Election is not interdicted if you shift date from 8th to 12th of July

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@adhirrcinc @SuvenduWB Petitioner: 61,346 booths but less than 45,000 police force. Court must take note of this. Court under 226 can further polling process . All our prayers don’t stop the election or interdict it

#westbengalpolitics #PanchayatElection2023

@adhirrcinc @SuvenduWB Hearing will continue after lunch

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@adhirrcinc @SuvenduWB Hearing has resumed.

Writ petition regarding the appointment of contractual workers in the process of election in violation of EC order is mentioned.

#westbengalnews #PanchayatElectionWB2023

@adhirrcinc @SuvenduWB Petitioner- 2,036 contractual workers of Howrah municipal corporation were engaged in the last election, same is the case in Birbhum district as well

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@adhirrcinc @SuvenduWB Petitioner- on the last occasion the EC said these workers weren’t paid, but the petitioner have collected the documents regarding the ID cards issued by the EC as well as the NEFT payment details

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@adhirrcinc @SuvenduWB CJ: which are the provisions being violated in this case?

Petitioners: please see a few documents before that

Petitioner shows details and documentation of contractual workers being appointed as polling officers

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@adhirrcinc @SuvenduWB Petitioner: EC submitted that they have not been paid, but we have annexed documents with proof of payment through NEFT

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@adhirrcinc @SuvenduWB Petitioner: now coming to provisions of RP Act 1951 Section 26(1)- polling officers cannot be employed by or on behalf of or working for a candidate

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@adhirrcinc @SuvenduWB Petitioner: Then section 159, the authority shall when requested by regional commissioner, or CEC, may make available to RO any staff necessary for election duties

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@adhirrcinc @SuvenduWB Petitioner: election handbook by Election commission, chapter 3- Staff of any of the statutory bodies or government companies can be put in election duty in addition to state or central government employees

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@adhirrcinc @SuvenduWB Petitioner: Staff may be requisitioned under 159 of RP act. Assessment of availability of staff must be made well in advance. Polling personnel must be made of employees of central govt PSU, state government, state PSU only employees

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@adhirrcinc @SuvenduWB Petitioner: all details of polling workers must be compiled and made available to the returning officer. Presiding and polling officers to be classified according to their pay and rank. This cannot be done with contractual workers...

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@adhirrcinc @SuvenduWB Petitioner: a group D employee cannot be assigned job of polling officers. They must be from a higher scale. Presiding or polling officer should not be from the same organisation so that they cannot act in collusion

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@adhirrcinc @SuvenduWB Petitioner alleges over 2,000 contractual workers of Howrah municipal corp have been engaged; says they don’t have any accountability to government, they don’t have a fixed pay or a permanent job

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@adhirrcinc @SuvenduWB Petitioner: intention of legislature was to maintain control of govt on poll workers, but there is no process of selection if these are contractual workers. Municipal corporation officials are engaged in recruiting them without any regard for the law

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@adhirrcinc @SuvenduWB Petitioner: even before amendment of RP Act, there was still an intention of the judiciary and legislature to ensure that election workers are those who are employed by the state or central government

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@adhirrcinc @SuvenduWB Petitioner: under Article 324, EC can issue directions to conduct elections. But under 324(6), staff according to J Dushyant Dave means staff that is under control of president or governor so that disciplinary action can be taken in case of any issues

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@adhirrcinc @SuvenduWB Petitioner: staff appointed by state or central govt who hold a post can be appointed as election officers. But contractual workers do not hold any post

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@adhirrcinc @SuvenduWB Petitioner: 1997 amendment to the Act now covers every local authority and every institution

CJ: even if it is under the state Act you argue that they must be permanent employees?

Petitioner: exactly

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@adhirrcinc @SuvenduWB Petitioner: govt employees are elected through a well defined selection process, contractual workers are not. They have no accountability to the govt as they are recruited on basis of connections or whims...Will facilitate corruption

CJ: yes

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@adhirrcinc @SuvenduWB Petitioner urges Court to ask SEC to produce details of staff for the court

Bench discussing

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@adhirrcinc @SuvenduWB Petitioner: election is to be held on 8th July. Can such an exercise of hiring workers be done in such a short time? If the list is ready then ask them to produce...

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@adhirrcinc @SuvenduWB Adv for intervenor (from Malda constituency): In prayer for videography, real difficulty is when electorate actually comes to vote. Not only inside the polling booth but also outside

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@adhirrcinc @SuvenduWB CJ: probably will be practical to have camera near the entrance of polling booth but not for the entire queue. There agents will keep a watch who will inform polling officer.

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@adhirrcinc @SuvenduWB Adv suggests EC may use Police CCTVs installed on roads to monitor nearby areas which are sensitive

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@adhirrcinc @SuvenduWB Adv for another intervenor says there is a specific direction by Justice Mantha to not deploy civic volunteers for law and order duties.

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@adhirrcinc @SuvenduWB Adv: we have seen that there was a clash in Raninagar, Murshidabad where civic volunteers were deployed for law and order duties. Insufficient police officials...Kindly exclude them from election process

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@adhirrcinc @SuvenduWB Adv: they may be assuming powers in excess of law as this court and IG have given directions but SP of Murshidabad have done nothing

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@adhirrcinc @SuvenduWB SEC: not one civic volunteer has been engaged for enforcement of law and order

CJ: Other part is not to be included in any of the election process

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@adhirrcinc @SuvenduWB SEC: the submissions of contractual workers being appointed was under the RP Act. We are not concerned with the RP act only the Panchayat election act

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@adhirrcinc @SuvenduWB CJ: underlying principle is the handbook for election which says that it presupposes that contractual employees should not be appointed

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@adhirrcinc @SuvenduWB SEC counsel refers to Section 28(1) of WB Panchayat Election Act: Panchayat returning officer can appoint polling officers, but shall not appoint any person working for a candidate. This is only embargo in the Act

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@adhirrcinc @SuvenduWB SEC: it is not anybody’s case that this provision has been contravened

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@adhirrcinc @SuvenduWB SEC: even after taking polling personnel from all other avenues, contractual workers may be deployed with the consent of the state election commission. This power is given as a last resort

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@adhirrcinc @SuvenduWB CJ: you can’t expect a contractual workers...guidelines issued by CEC will prevail over this. That is more in tune for fair elections

SEC: not one complaint has been made

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@adhirrcinc @SuvenduWB Justice Hiranmay Bhattacharya: come to section 7 of State Election Commission Act 1994 indiacode.nic.in/bitstream/1234…

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@adhirrcinc @SuvenduWB Justice Bhattacharya: number of staff that may be required for conduct of election. Who is this staff Governor will place this staff according to section 7. Can contractual appointees be placed by governor?

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@adhirrcinc @SuvenduWB CJ: governor cannot direct contractual employees to be staff of the commission

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@adhirrcinc @SuvenduWB SEC: requirement is 4 lakh +

CJ: that’s why preparedness is required

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@adhirrcinc @SuvenduWB SEC: look at the rules and law, we will not deviate. But there has been no complaint in this matter. All complaints are to do with the Assembly elections. I have nothing to do with it

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@adhirrcinc @SuvenduWB SEC: duty of election commission to find out needed personnel and put them in place. These people are being trained by the EC

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@adhirrcinc @SuvenduWB SEC: On instructions I submit that if there is a shortfall in polling officers, the DM selects the people then EC approves

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@adhirrcinc @SuvenduWB SEC: Pleas for deployment of central forces talk about inaction of police and violence at previous elections...the court in these cases ordered SEC to keep CCTV footage, diaries, register of presiding officers, control unit of EVM, voting records

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@adhirrcinc @SuvenduWB SEC: judgements state that law and order situations and deployment of central forces must be made in accordance with decision of the SEC and state govt...Court cannot interfere with such a matter

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@adhirrcinc @SuvenduWB CJ: what happened? Was requisition submitted in the last case?

Petitioner: there was violence and no requisition was made

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@adhirrcinc @SuvenduWB SEC: approach the CEC first then come to court, that is why it is premature...after notification election commissioner has extraordinary power, even state govt is subservient...

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@adhirrcinc @SuvenduWB SEC: I will come with report any time the court has an objection about our conduct. These are warring parties, it must be decided in the field not in a court of law. Court cannot solve this...

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@adhirrcinc @SuvenduWB Petitioner: if this approach is accepted then it becomes a riddle. If you are waiting for the occurrence of a problem then it may be too late when the problem actually occurs

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@adhirrcinc @SuvenduWB CJ to petitioner: why did you not file a single election petition?

Petitioner: lack of security in the state

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@adhirrcinc @SuvenduWB Petitioner: there is resistance to proactive measures being taken to prevent further clashes. Look at election process as a package. The fact that CCTV can't be installed everywhere according to SEC means that you do not have preparations in place

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@adhirrcinc @SuvenduWB Petitioner- RP act and WB panchayat act largely pari materia. Contractual employees cannot be employees in these elections

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@adhirrcinc @SuvenduWB SEC: this is in reference to the last state election. Not these elections.

Petitioner- contractual employees have been recruited in 2015/16 for the panchayat elections in 2017/18

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@adhirrcinc @SuvenduWB Petitioner: elections conducted by contractual employees cannot be fair

SEC: in RP act no contractual employees can be engaged. In the handbook for RO, contractual employees can be deployed

CJ: only as a last resort

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@adhirrcinc @SuvenduWB Petitioner: commission shall have staff made available by governor

CJ: Act is for state election. So far as staff is concerned, governor has to requisition and allot to the commission

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@adhirrcinc @SuvenduWB Petitioner: therefor staff deployed by governor when requested by EC has to be those whom the governor can call upon. Not contractual

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@adhirrcinc @SuvenduWB CJ: have you got contractual staff in EC?

EC: no

CJ: if you don’t need them in the commission then why in the election

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@adhirrcinc @SuvenduWB CJ: Alright, we have heard. We will consider

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@adhirrcinc @SuvenduWB CJ (to intervenors): give your petition to the election commissioner and they will consider other issues

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