MOUSUMI ROY Vs. WEST BENGAL STATE ELECTION COMMISSION

JUDGEMENT

(1.) CAN 7 of 2022 has been filed in WPA(P) 299 of 2021 with the prayers relating to deployment of central paramilitary forces, effective CCTV surveillance, appointment of independent impartial general observer and impartial micro-observer, verification of EPIC cards/photo identity cards before entry inside the polling stations, making respondent No.4 personally liable in terms of the earlier order of this Court in respect of forthcoming polls to the 108 municipalities scheduled on 27/2/2022 and cancellation of elections held on 12/2/2022,.

(2.) The submission of learned senior counsel appearing for the petitioner is that the faith and confidence imposed by this Court on the State Election Commission has been belied and in this regard he has referred to earlier order of this Court. He has also submitted that after the notification of the elections, the State Government has floated two schemes by issuing the notification dtd. 25/1/2022 viz. Duare Sarkar and Paray Samadhan Programme, which is in violation of the Model Code of Conduct. He has also submitted that during the elections of Bidhannagar, Asansol, Siliguri and Chandannagar Municipal Corporations, incidents of violence have taken place and in this regard he has referred to the pleadings contained in paragraph 9 of CAN 7 of 2022. He has further submitted that the candidates of the petitioner's political party have been prevented from filing their nominations and has produced the chart before this Court indicating that in Bolpur Municipality against 22 seats only 3 candidates, Budge Budge Municipality against 20 seats only 8 candidates, Tarakeshwar Municipality against 15 seats only 9 candidates, Sainthia Municipality against 16 seats only 3 candidates, Bolpur Municipality against 22 seats only 3 candidates, Tarakeshwar Municipality against 15 seats only 9 candidates and Dinhata Municipality against 16 seats only 7 candidates of petitioner's party could file their nominations. Learned counsel appearing for the petitioner has also referred to various newspaper publications indicating the incidents of the violence during the elections of four municipal corporations.

(3.) He has also submitted that the representations filed by the petitioner in pursuance to the earlier direction of this Court have not been even noticed by the Election Commission.