MOUSUMI ROY Vs. WEST BENGAL STATE ELECTION COMMISSION

JUDGEMENT

(1.) CAN 7 of 2022 has been filed by the petitioner seeking a direction to the respondent No. 4 State Election Commissioner to deploy central paramilitary forces in the elections of 108 Municipalities in the State scheduled on 27/2/2022. Further prayers have been made seeking direction for effective CCTV surveillance, to appoint independent impartial general observer and micro-observer, to direct verification of EPIC cards/photo identity cards before entry inside the polling stations by CRPF, to hold respondent No. 4 personally liable to discharge his duty as directed by the earlier order.

(2.) The above prayers have been made by pleading that the State Election Commission vide notification dtd. 3/2/2022 has declared that the election for 108 Municipalities in the State will be held on 27/2/2022. The last date of filing nomination was 9/2/2022. It is alleged that large number of BJP candidates were forcibly prevented by the goons of the ruling party from filing their nominations. In respect of one Rakesh Majumdar from Ward No. 6 of Guskara Municipality, it is alleged that though he had reached on time but his nomination paper was not accepted on the ground that he had reached the office of the concerned authority late. It is further alleged that there is a state of terror prevailing in the State and in almost 10% of the Municipalities which are going for polls, the ruling party candidates have won uncontested as the nominations were not allowed to be filled up by other candidates. Further allegation has been made that State Election Commission is acting in partisan manner and that despite the announcement of the date of elections, acting against Model Code of Conduct, the Government of the State through its Chief Minister is undertaking new schemes to woo its voters. Alleged incidents of violence during the polls for Municipal Corporation Bidhannagar, Asansol, Siliguri and Chandernagore which took place on 12/2/2022 have been stated in the application.

(3.) The respondents have filed their affidavit in opposition and the affidavit in reply has also been filed.