Subrata Talukdar, J. - (1.) This writ petition is directed against the order of the State Election Commission (the Commission) dated 21st April, 2018 bearing the memo no.1169-SEC/1E-88/2017. The Notification dated 21st April, 2018 essentially follows the judgment of this Court dated 20th April, 2018 in a bunch of writ petitions, as already stated in the notification.
(2.) The notification further provides that upon consultation with the major stakeholders as directed by the order of 21st April, 2018 , the extended day/date for filing of nominations, i.e., 23rd April, 2018 and two subsequent dates thereafter, i.e., 25th April, 2018 and 28th April, 2018 being respectively reserved for scrutiny of nominations as received on the said extended day/date and the last date for withdrawal of candidature, have been announced.
(3.) Mr. Ghosal, appearing in person and representing himself at paragraph 2 of the writ petition as General Secretary and Spokesperson of West Bengal Pradesh Congress Committee and Member of the All India Congress (for convenience called the INC), makes the primary point that Section 46 of the West Bengal Panchayat Elections Act, 2003 (for short the 2003 Act) is mandatory in terms of its language and enjoins upon the Commission to appoint the dates for various stages of election by a single notification. It is argued that the Commission having announced the extended date for filing of nominations and the two other dates but, not the dates for holding the polls, such notification dated 21st April, 2018 is not in consonance with Section 43 of the 2003 Act whereby and whereunder all stages of the election process are mandatorily directed to be notified upto the end of the polling dates.;