NEW DELHI: After flip-flop by the
West Bengal election commission on panchayat election, which first extended the date of filing nomination paper by a day but hours later withdrew its decision, the state unit of
BJP on Tuesday moved the Supreme Court challenging the commission's decision to rescind its order.
The apex court on Monday asked the state election commission to address the grievances of political parties and their leaders and ensure their free participation in the forthcoming panchayat elections after it was alleged that ruling
Trinamool Congress workers were terrorising the opposition candidates and restraining them from filing nomination paper. The elections for 42,000 seats are scheduled for May 1, 3 and 5, with the counting of votes on May 8. The last date of filing nomination paper was on April 9.
Following the apex court order, the commission on Monday decided to extend the date for candidates for filing nomination paper by a day and allowed them to file paper by 3 PM on Tuesday. But the commission recalled its order after getting representation from state government officials and TMC workers who alleged that SC had not directed the commission to extend the date.
Challenging the decision of the commission recalling its order, BJP
West Bengal unit approached the apex court saying that the decision was violative of SC's April 9 order in which it had directed the poll panel to address the grievances of opposition leaders.
"The reasoning of the Commission that there was no specific direction of this court is totally flawed since it will be apparent from the order dated April 9 that the commission took cognisance of the fact that the candidates should not file nomination paper due to obstructions and therefore extended the date," the petition said.
The apex court will take up the plea of BJP on Wednesday.
In its April 9 order, the apex court had said, "We are, therefore, 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. If any such grievances are made by any political parties or/and any candidate/s in writing then needless to say, the State Election Commissioner would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith."
The court had passed the order on plea of BJP alleging that its candidates were being threatened by workers of TMC and pleaded the court to direct the state election commission to upload the nomination paper on net and allow their candidates to file nomination paper online.
Disposing of its plea, the bench had said, "We hope and trust that in order to ensure fair and free election to the panchayats, the State Election Commission shall take appropriate steps to remove the apprehensions of the petitioner and/or intending candidates and they may not be deprived of their chance to contest the panchayat elections".
