SC won't cancel 20k uncontested panchayat poll results in Bengal

Directs aggrieved candidates to file pleas in 30 days

In a setback to the CPI(M) and the BJP, the Supreme Court on Friday refused to cancel the results of polls to 20,000 panchayat seats in West Bengal where candidates of the ruling Trinamool Congress got elected unopposed.

The candidates of the CPI(M) and the BJP claimed they were obstructed from filing nominations, but the Bench headed by Chief Justice Dipak Misra said once election process had begun, the courts would not interfere in the same. It directed the aggrieved candidates to file election petitions to challenge the election of the unopposed candidate. To facilitate this, the Bench directed that the limitation period of 30 days for filing poll petitions, which has expired, would now commence from the date of notification of panchayat poll results.

The order has come as a victory for the ruling Mamata Banerjee Government which had much at stake in the local body polls in which a total of 58,692 seats comprising gram panchayats, panchayat samitis, and zila parishads went to polls. Of these, on 20,159 seats, the TMC candidates were elected unopposed.

Dealing with the separate pleas filed by the CPI(M) and the BJP, the Bench also comprising Justices AM Khanwilkar and DY Chandrachud said, “We are of the view that challenges in regard to the validity of the elections to the uncontested seats in the gram panchayats, panchayat samitis and zila parishads must also be pursued in election petitions under Section 79(1) of the panchayat Elections Act.” Earlier, the Calcutta High Court too had refused to interfere with the election process.

However, the apex court did set aside that part of the Calcutta High Court order by which the aggrieved candidates were allowed to file their nomination papers through e-mail and WhatsApp.

Earlier, the apex court had termed the situation prevailing in the State to be “grim” and asked the West Bengal Election Commission (SEC) not to notify the results of those seats which have been won uncontested by ruling party members.

Although the BJP and the CPI(M) claimed that their right to have a “free and fair elections” was violated, the Bench said, “The important consideration which must weigh with the court is that if the above submission is accepted, election results to over 20,000 seats will be set at naught in the absence of the affected parties before the court.” Justice Chandrachud, writing the judgment for the Bench, was of the view that setting aside the polls to over 20,000 seats would amount to “prejudging” the issue even as the veracity of allegations would depend upon evidence to be adduced in an election petition. Moreover, the Bench felt that political parties had approached the court and not the aggrieved individuals.