SANKAR PRASAD DATTA Vs. ELECTION COMMISSION OF INDIA
HIGH COURT TRIPURA
Sankar Prasad Datta
ELECTION COMMISSION OF INDIA
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ARINDAM LODH, J. -
(1.)By means of filing the instant writ petition, the writ petitioner, Sri Sankar Prasad Datta, who is a contesting candidate from 1-Tripura West Parliamentary Constituency, has prayed for the following reliefs:
"In view of the above submissions, it is most respectfully prayed this Hon'ble Court may graciously be pleased to:
a) Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing the respondents No. 1-3 to countermand the election conducted to 1-Tripura West Parliamentary Constituency in view of large scale rigging and consequently order for fresh polls in the said constituency;
b) Direct Election Commission of India to arrange adequate security and create a conducive atmosphere for voters to exercise their valuable right of voting without fear, for free and fair elections;
c) Direct the Election Commission of India to look into large scale pre poll violence and violence on the polling date and also post-poll violence, rigging and obstruction of voters from exercising their voting right and take immediate steps for prosecuting the offenders;
d) Pleased to issue any other writ or direction(s) or Order(s) as the Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case and in the interest of justice."
(2.)The main contention of the writ petitioner is that the respondent-Election Commission of India has failed to discharge its statutory obligations to ensure free and fair poll to the ongoing election process in 1-Tripura West Parliamentary Constituency being notified to hold the 17th Parliamentary elections. It is further stated that the action of the respondent No. 3 only accentuated the degrading law and order situation in the constituency. There was no deployment of forces in the booths and adjoining areas to maintain peace and calm. Many anti-social elements and hooligans were seen to be entering the houses of the supporters of the left front and created an atmosphere of terror and fear amongst the people that ultimately resulted in less voter turnout during the elections.
(3.)Mr. B.R. Bhattacharjee, learned senior counsel assisted by Mr. T.D. Majumdar, learned counsel appearing for the writ petitioner has submitted that on the day of election in many booths web cam machineries though installed but were removed at 4.30 p.m. and many web cams were not operative and there were certain booths where there was not at all any installation of web camera.
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