Summary
The Supreme Court declined interference with the notified West Bengal panchayat election process and disposed of the petition with liberty for parties and candidates to approach the State Election Commissioner. Written individual or collective grievances were to be dealt with forthwith according to law. Noting reports of violence and the provision of an additional nomination venue, the Court expected appropriate steps to protect the opportunity to contest. It did not order online nominations, paramilitary deployment or rescheduling.
Issues
- Whether the Court should intervene in the election process to grant the requested nomination and security arrangements.
- Which authority should address parties’ and candidates’ election grievances.
Held
- The election process had begun upon the notifications of 2 April 2018. Applying Boddula Krishnaiah, the Court was not inclined to interfere, while recognising the reported nomination-related violence and the additional venue provided by the Commission. (¶ 11)
- The statutory scheme empowered the State Election Commissioner to address grievances arising from elections and the election process. All political parties, their candidates and independent candidates were given liberty to submit individual or collective grievances. Written grievances were to be disposed of forthwith strictly according to law. (¶¶ 12, 13, 14, 15)
- The Court expressed the expectation that the Commission would take appropriate steps for free and fair elections and remove apprehensions so intending candidates were not deprived of their chance to contest. The specific requested arrangements were not judicially imposed. (¶¶ 1, 6, 9, 16)
Result
Writ petition disposed of with liberty to approach the State Election Commissioner and directions for prompt lawful disposal of written grievances; no order for online nominations, paramilitary deployment or rescheduling.