BESHAKA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioners as made out in the writ petition is that for contesting the panchayat general elections, 2023 in Bhangore-II block, Dist. 'South 24 Parganas they filed their nomination papers as candidates nominated by the Rashtrya Secular Majlis Party (RSMP). Their nomination papers were scrutinised and their names appeared as validly nominated candidates in the official website of the West Bengal State Election Commission, hereinafter referred to as 'the Commission', till 19/6/2023. Without assigning any reason their names were deleted from the list of selected candidates. In view of deletion of their names the petitioners will not be able to contest the elections. The petitioners are aggrieved by the same.

(2.) The private respondents who have been subsequently added in the writ petition are candidates who filed their nominations and have been declared elected uncontested.

(3.) The petitioners submit that immediately after publication of the notification declaring the dates of the election process by the Commission, huge spread violence broke out in the area in question and the ruling political party assaulted and terrorised the government officers and prevented them from distributing the nomination papers to the prospective candidates. The police remained a mute bystander and did not take any step to arrest the violence. Non-action on the part of the police to curb the unrest resulted in flaring up the agitation causing death of three persons in Bhangore. The situation became politically aggravated to such an extent that the Hon'ble Governor had to visit the affected areas to take note of the ground realities. According to the petitioners, the members and supporters of the ruling political party, with the aid and assistance of the police and the State administration, openly prevented the members of the opposition from filing their nomination.