Calcutta HC stays SEC’s withdrawal of its own order

Kolkata: In a major blow to the West Bengal State Election Commission (WBSEC) the Calcutta high court on Tuesday ordered an interim stay on the state poll panel’s overnight withdrawal of its own order extending the last date from April 9 till April 10 for filing nominations by the candidates for the panchayat elections. Directing the WBSEC, to decide whether the deadline for filing nominations would be extended or not, it asked all concerned parties to file their affidavits. The next hearing is on April 23. 

BJP leader Pratap Banerjee, who filed the case at the high court said, “The high court issued an interim stay on the WBSEC’s withdrawal of its order extending the last date of filing nominations. It directed the state poll panel to look into the grievances of those who failed to file their nominations so that they can contest the polls. We will pray to the high court on Wednesday to extend the deadline.” 

Trinamul Congress MP Kalyan Banerjee who appeared for the Mamata Banerjee government however argued, “It is not shocking at all. The high court has not asked the WBSEC to extend the last date. Even though the stay was ordered, it is infructuous because the order came after 3 pm within which the nominations had to be filed.” 

Later, WBSEC ruled out at a meeting about the possibility of extending the deadline since the date of scrutiny of the candidates’ nominations is on Wednesday, sources claimed. 

The dramatic twist over the rural polls unfolded after the state BJP moved the high court and at the Supreme Court against the WBSEC’s withdrawal of its own order in an unprecedented move referring to “legal infirmities.” 

After the deadline of filing of nominations was over on Monday afternoon, Mr Singh at night extended the deadline till Tuesday from 11 am to 3 pm following the Supreme Court’s direction to the state poll panel to “pass any appropriate order” so that those who failed to file their nominations could contest the polls.

Within 24 hours on Tuesday morning, Mr Singh however, recalled Monday’s order in which, he stated, a special secretary of the state government and Mr Banerjee pointed out the “legal infirmities.” He noted, “...it appears that there was no specific direction by the Hon’ble Supreme Court of India for extension of nomination date.” Lashing out at the Trinamul the opposition parties claimed that Mr Singh was forced to take U-turn and cancel the order under the ruling party’s pressure. 

State BJP president Dilip Ghosh alleged, “We anticipated it because Mr Singh took long time to issue the order. He had a good night-long treatment. That is why he cancelled the order. It is a concern and funny also that he has not resigned so far. His predecessor resigned. I do not know if he would be able continue in his post till the polls are over. He was forced to withdraw the previous order. We learnt that the ministers taught him a lesson. Trinamul can stoop to any low.” 

CPI(M) MLA Sujan Chakraborty complained, “In the morning four Trinamul ministers met Mr Singh at his residence on Iron Side Road in Ballygunge before the order was cancelled. Who asked them to visit him at home? What was their purpose? The four ministers threatened him. The withdrawal of the order is the follow-up action after the chief minister expressed her anguish over the order at night. The state poll panel does not have its independence.”

Countering the opposition’s charges Mr Banerjee claimed, “The WBSEC withdrew its order because it committed an offence. The Supreme Court nowhere in its order spoke about the extension of last date for filing of nominations. That is why I sent a mail to the state poll panel at 11.46 pm on Monday against its order which was issued under an opposition leader’s pressure.”