Thread by @LiveLawIndia

BJP's Suvendu Adhikari mentions an urgent plea before Calcutta HC citing instances of violence in the nomination process and the "insurmountable pressure" being put on candidates to withdraw their nominations.

#WBPanchayatElections2023 @SuvenduWB

@SuvenduWB CJ Sivagnaman has allowed Adhikari to file a separate Writ petition with the concerns and expressed his displeasure at the alleged inaction of the WB State Election Commission.

#PanchayatElectionWB2023

@SuvenduWB CJ further observed that State may prefer an appeal against its previous order. However in absence thereof, if directions aren't implemented, then Court would have to initiate suo moto contempt proceedings against the SEC, reports @Srinjoy77

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@SuvenduWB @Srinjoy77 @SuvenduWB's petition has been listed in supplementary list. Matter taken.

@SuvenduWB @Srinjoy77 Petition seeks immediate implementation of the order passed on Tuesday, particularly on aspect of deployment of central forces:
livelaw.in/high-court/cal…

@SuvenduWB @Srinjoy77 SEC was directed to to requisition paramilitary forces in sensitive areas. Petition alleges Commission is not identifying areas as sensitive

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@SuvenduWB @Srinjoy77 Petition alleges NHRC report on poll violence says State is supporting instances of violence against opposition parties by staying silent. Police is also not reporting entire incidents.

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@SuvenduWB @Srinjoy77 Petitioner's counsel says people are being shot outside nomination centers.

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@SuvenduWB @Srinjoy77 500 police personnel chased away from polling booths, Petitioner's counsel claims.

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@SuvenduWB @Srinjoy77 CJ: SEC showed that districts have already been identified as sensitive. We will hear the Commission

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@SuvenduWB @Srinjoy77 CJ: If you (SEC) are aggrieved, you may prefer an appeal. But if you think you will make the order unworkable, then we cannot stay silent.

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@SuvenduWB @Srinjoy77 CJ: We are not concerned about candidates but about electorate. Thought SEC is independent body, prima facie it appears you are trying to dodge the order

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@SuvenduWB @Srinjoy77 Court asked SEC to take instructions and come back post lunch

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@SuvenduWB @Srinjoy77 SEC counsel says political parties are creating a ruckus.

Court: Since you can't handle it it's all the more reason to...we will ask for central forces

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@SuvenduWB @Srinjoy77 Hearing to resume after lunch

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@SuvenduWB @Srinjoy77 Hearing resumes in #PanchayatElectionWB2023 matter

@SuvenduWB @Srinjoy77 Intervenor mentioning alleged death of several people in violence in Uttar Dinajpur. Plea is for issuance of contempt

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@SuvenduWB @Srinjoy77 SEC counsel hands over minutes of meeting with State govt for panchayat elections, to court. Meeting was with Chief secretary and IG

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@SuvenduWB @Srinjoy77 Court peruses report, says it appears to be very vague.

CJ: Meeting was on 9th we are on 15th...

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@SuvenduWB @Srinjoy77 SEC: We are handing over circulars issued on 14th and 15th. We had a detailed discussion on steps taken to comply with the order. Give us day or two....

CJ: By that time we will have finished nomination

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@SuvenduWB @Srinjoy77 CJ asks about status of another matter taken up in morning concerning case of Shiksha Bandhu who were declared ineligible for filing nominations

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@SuvenduWB @Srinjoy77 CJ: you issued a notification only yesterday saying they are eligible. Now when will they file nominations?

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@SuvenduWB @Srinjoy77 CJ: Today is the last date. Commission had agreed for one more day now you are saying it is not possible...At least in this case you need to consider

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@SuvenduWB @Srinjoy77 Intervenor: yesterday I went with 100 people to Canning to file nominations...Women were molested and kicked out of a BDO office

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@SuvenduWB @Srinjoy77 Intervenor: I called police no one responded, no one provided assistance. How can election happen like this? At the cost of your life...

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@SuvenduWB @Srinjoy77 State: these are void and baseless allegations...we can file affidavit to prove

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@SuvenduWB @Srinjoy77 State: PIL should be research oriented but pleadings in petition by @SuvenduWB are vague. There is no specific averment...I am not required to deal with newspaper reports, they have no evidentiary value...

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@SuvenduWB @Srinjoy77 State: can such a vague pleadings with hearsay evidence be basis for the writ court to intervene?

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@SuvenduWB @Srinjoy77 State: I have police report. Incidents have happened. But it is not like they are trying to make out in the petition

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@SuvenduWB @Srinjoy77 State: Political party doesn’t file nominations, candidate does. Who has not been able to file nomination? Is it not a vague statement? Please don’t allow any political party to take advantage of the court...

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@SuvenduWB @Srinjoy77 State: they are complaining of 20,000 uncontested seats, where was the civil complaint? If you have allegation go and file...Nobody has come out

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@SuvenduWB @Srinjoy77 State: petition based on fake allegations...Can court decide based on trial in media? If this happens then all cases will be decided by what happens on TV

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@SuvenduWB @Srinjoy77 State counsel complaints annexed are similar and even identical. Says "people have been trained to file these complaints. This is a conspiracy"

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@SuvenduWB @Srinjoy77 State: nomination filing started on 9th June and even today they are happening smoothly unless the opposition parties are creating disturbance

#PanchayatElectionWB2023

@SuvenduWB @Srinjoy77 State: Majority of nominations have been filed by the opposition party...Kindly do not pass order that may be taken advantage of by parties for political campaigning

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@SuvenduWB @Srinjoy77 State claims:
-Violence in very few places
-Nominations happening smoothly
-Police intervened in all matters

#PanchayatElectionWB2023 @WBPolice

@SuvenduWB @Srinjoy77 @WBPolice State: police not being able to work they are stuck in appearing in court and in litigation

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@SuvenduWB @Srinjoy77 @WBPolice State: everything happening in WB cannot be a writ...Everything can’t become an election dispute

#PanchayatElectionWB2023

@SuvenduWB @Srinjoy77 @WBPolice State: MP Hooghly from BJP wanted to enter BDO office. On duty police stopped her. She pushed on duty Officer and entered the venue along with armed bodyguards. These parties are filing PIL?

#PanchayatElectionWB2023 @me_locket

@SuvenduWB @Srinjoy77 @WBPolice @me_locket State: yesterday @SuvenduWB in breach of 144 order entered SEC office. Other BJP leaders were also there. Is this the responsible work of the opposition leader?

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket State: like 2018 elections, we have requisitioned police officers...nearly 64,000 from neighbouring states

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket State: If SEC says it needs more, we will provide more.

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket State: In 2021 voters were in queue the CISF fired 9 rounds. Five to six people died on spot...CISF will create fear, psychosis...take note of the security arrangements already made....sufficient police forces

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket State: Each case has to be decided on its own facts...Post poll violence cases has no value on electoral disputes.

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket Suvendu's counsel: law of pleadings in adversarial litigation will not apply to PIL. Technical rules of pleading cannot be used in PIL, cites Narmada bachao andolan case

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket Suvendu's counsel: As a litigant in PIL it is my duty to bring facts to your lordship's notice and even a letter can subserve the position of a petition in a PIL

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@SuvenduWB @Srinjoy77 @WBPolice @me_locket Order reserved

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