The Court directed the SEC, the appropriate authority of the State Government and the appropriate authority of the respondent/Central Government to file their affidavits dealing with all the allegations of violence and held that thereafter the Court will consider what relief to be awarded to the petitioners. If the State Government is not in a position to safeguard its citizens, then it is a very serious matter to be taken note of.” The Court further observed that “the responsibility to ensure that there is no breach of peace lies with the State Government.
The Court observed that even after the declaration of election results, incidents of violence have erupted in several places and the State is not able to control it. The Court directed the SEC to reply as to “whether the said representation was considered and whether any exercise was conducted to examine as to whether re-polling has to be done in the various polling booths, which have been mentioned in the said representation”. The Court further considered the report submitted by the Central Forces highlighting certain instances regarding the non-cooperation of the SEC and order by SEC regarding re-polling in 698 booths. The Court observed that the response from the SEC is not adequate, moreover, SEC is not not pro-active especially when the Court had been monitoring the entire process.
The petitioners further prayed for direction upon (1) the SEC to conduct re-polling at the mentioned booths, (2) the Director, Central Bureau of Investigation (CBI) to register a FIR and conduct investigation into the large-scale violence and electoral malpractices committed during the entire election process, (3) an independent Central Agency to conduct forensic audit of the video footages of the polling booths as well as the forensic examination and audit of the ballot papers and other polling paraphernalia and (4) the Secretary, Department of Home and Hill Affairs, Government of West Bengal to forward a report to the Central Government with regard to the incidences of bomb blasts that occurred during the election. In the instant matter, a writ petition was filed by the petitioners seeking to quash the decision of the SEC consequent upon the large-scale violence and electoral malpractice occurred during the West Bengal Panchayat Elections on 8-07-2023. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., made it absolutely clear to the State Election Commission (SEC) and all the candidates, who have been declared elected that “their declaration of having been elected is subject to further orders to be passed by this Court in these writ petitions as well as in the connected matters.” Calcutta High Court: While deciding a matter related to alleged violence occurred during the West Bengal Panchayat elections, a Division bench comprising of T.S.
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