Bengal BJP back in SC on local body polls

The Supreme Court on Tuesday agreed to urgently hear a petition filed by the West Bengal Bharatiya Janata Party against the “colourable exercise of power” of the State Election Commission to “suddenly” recall its order extending the time for filing nominations for the upcoming panchayat polls in the State.

The BJP claimed that the poll body, disregarding a Supreme Court order of April 9 to ensure fair elections in the State, acted in favour of the ruling Trinamool Congress party by withdrawing the order.

Violence against candidates

The BJP had earlier moved the Supreme Court for protection, alleging that widespread violence, unleashed against its candidates by the ruling party, has even stopped them from collecting and depositing their nomination forms for the polls.

On April 9, a Bench of Justices R.K. Agrawal and A.M. Sapre refused to intervene and asked the BJP to approach the State Election Commission with their grievances. “We are inclined to dispose of this petition by granting liberty to all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, to approach the State Election Commissioner with their any individual or/and collective grievance,” Justice Agrawal wrote in the order.

Within 24 hours, the BJP was back in the Supreme Court. Its petition said that the Election Commission responded to the apex court order by extending the last date for filing nomination by one day — that is, from April 9 to April 10.

Sudden reversal

However, on April 10 morning, the State poll body suddenly withdrew its order, allegedly, on the basis of a letter from the ruling party.

“The reasoning of the Commission that there was no specific direction from this court is totally flawed since it is apparent from the April 9, 2018 order that the Commission took cognizance of the fact that the candidates could not file the nominations due to obstructions and therefore extended the date,” the BJP petition said.

The apex court agreed to list the case on April 11.

The petition said, “Necessary directions have to be passed to protect and preserve the spirit of directions given by this court on April 9 and to ensure proper representation of all stake holders/intending candidates at grass root democracy.”

The panchayat elections have been notified to be held on May 1, 3 and 5. The counting is on May 8.

The last date of filing nominations is April 9. The last date of scrutiny of the nominations is April 11.