MUKUL RAY Vs. STATE

JUDGEMENT

(1.) In this writ petition the petitioner who is the General Secretary of the All India Trinamul Congress prays for cancelling the election programme of the elections to the Siliguri Mahakuma Parishad and also to the Panchayat Samities and the Gram Panchayats within the jurisdiction of the said Mahakuma Parishad in the District of Darjeeling scheduled to be held on 18-4-1999 or for rescheduling the Madhyamik and Higher Secondary Examinations programmes, and alternatively for making suitable relaxation of the bar on use of loudspeaker and microphone during the period covered by the said examinations with a view to facilitating making of election campaigns. The Madhyamik examination commenced on and from 4-3-1999 and the Higher Secondary examination commenced on 26-3-99 and will continue up to 19-4-99.

(2.) Mr. Panja appearing on behalf of the petitioner submits that immediately on receipt of the tentative election programme issued by the State Election Commission on 3-3-99 the petitioner wrote to the Commission on 5-3-99 to fix another programme for the elections so that the election programme may not coincide with the programmes of Madhyamik and Higher Secondary examinations already announced a few months back and thereby facilitate use of loudspeaker/microphone for election propaganda. His grievance is that without paying any heed to the objection raised by the petitioner the Department of Panchayat and R. D. issued the notification dt. 12-3-99 fixing 18-4-99 as the date of the said elections and the election Commission in turn issued a letter on the same date forwarding therewith the Model Code of Conduct required to be maintained by all political parties and candidates in connection with the said elections. The said Model Code refers to restrictions about use of loudspeaker and inter alia requires compliance of the extent orders of the Court in this regard.

(3.) This Court by its order dt. 20-11-97 passed in C.O. No. 4303(W) of 1996 imposed a ban on the use of boxes or amplifiers in open air function during a period commencing from 15 days prior to the important examinations like Secondary, Higher Secondary, Delhi Board, etc. examinations till such examinations are over. This totalban on the use of microphone during examination period was virtually reiterated in the subsequent order dt. 4-3-98. In the still later order dt. 11-8-98 open air cultural programmes, subject to certain terms and conditions, were allowed to be performed except in residential areas or areas where educational institutes are situated during the period commencing from at least three days before commencement and till completion of Board/Council examinations.