- (1.) To be or not to be; even that is not the question! Panchayat election must be held in the State of West Bengal - as soon as possible - both parties cry out in unison! Yet, the West Bengal State Election Commission and the State of West Bengal have locked horns and are now before a Constitutional Court seeking appropriate directions for holding such election!
(2.) The instant writ petition has been filed by the West Bengal State Election Commission (hereinafter referred to as "the Commission"), principally seeking the following reliefs: - "a) A Declaration that the 1st & 2nd impugned Notifications dated 22nd March 2013 and 26th March 2013 are unconstitutional, illegal and void; b) A writ o and/or in the nature of Mandamus do issue commanding and directing the respondent State to forthwith withdraw and cancel the impugned notifications; c) A writ of and/or in the nature of Mandamus do issue commanding and directing the respondent State and its servants and agents to forthwith implement the requirements spelt out in its letters and in particular those contained in the letter dated 25th March 2013 and thereafter issue a notification under S.42 of the West Bengal Panchayat Elections Act in accordance with law, and effectively cooperate with the Commission for holding the Panchayat elections as early as possible; d) A Declaration that Section 42 of the West Bengal Panchayat Elections Act, 2003 read with Section 8 of the West Bengal State Election Commission Act, 1994 is ultra vires as it offends Article 243K of the Constitution of India;"
(3.) Initially, when the matter was taken up for hearing, this Court - considering its importance and paucity of time - had requested the learned senior counsel representing the Commission and the learned Advocate General to sit across the table and try and resolve the issues sought to be raised in the instant writ petition, out of Court. However, since the impasse could not be resolved across the table, this Court has now been left with no other option, but to decide the matter on its merit.;