Refuting the Opposition’s allegations that it was working at the behest of the ruling Trinamool Congress, the State Election Commission on Thursday told the Calcutta High Court that it has taken all steps to ensure a level playing field for the upcoming panchayat elections.
The poll panel made the submission to Justice Subrata Talukdar, who has stayed the election process while adjudicating a bunch of pleas challenging the Commission’s recent order withdrawing the extension of the deadline for filing nomination papers by candidates.
After hearing the arguments on the pleas, the court reserved its judgement for Friday while also extending the stay on the poll process till pronouncement of the order.
SEC secretary Nilanjan Shandilya submitted to the court that it had extended the nomination date in good faith, but withdrew the order following objections to it.
The State government had objected to the extension of the April 9 deadline, to which the SEC had cited a Supreme Court direction to “allay the apprehensions of intending candidates” in its notification extending the nomination process by a day.
‘Power to rescind order’
Defending its decision to withdraw the extension till April 10, the SEC secretary said “an authority which has the power to issue an order also has the power to rescind it.”
He said during an election process, the election commission is the sole authority and filing of the nominations is a part of the process.
On a question by the High Court on the SEC’s measures to resolve grievances and allay fears, Mr. Shandilya said to ensure a level playing field, the Commission had held meetings and given relevant directions to the officers concerned and had also acted on the complaints.
Requesting the court to revoke the stay, the SEC secretary submitted that the process has to be completed as early as possible, owing to the approaching monsoon and Ramadan, requiring Muslims to observe day-long fasts for nearly a month.
SEC questions govt.
Justice Talukdar asked the State government as to what authority it has to advise the SEC that it cannot extend the date for nomination.
Panchayat Department Secretary Sourav Das told the Court that the State appoints the dates for elections considering a lot of factors, including the weather.
He said that following the SEC’s decision, it had to point out that such a sudden extension would jeopardise the election schedule .
Petitioner Pratap Banerjee of the BJP submitted that the panchayat polls in the State was postponed thrice in 2013 and was held in five phases on a Supreme Court order. It was also pointed out that the tenure of the present panchayat in the State would end in August.
Appearing for the Congress, its West Bengal unit president Adhir Chowdhury claimed it was due to the intervention by the TMC that the Commission had been “forced” to withdraw its own decision.
