Shekhar.B Saraf, J. - (1.) The writ petitioners appear in person. The grievance of the petitioners is in relation to West Bengal Panchayat Election that is to be held on May 1, 2018. The writ petitioners submit that today is the last date for filing the nomination and the petitioners no. 1, 2 & 3 are contesting in the said Panchayat Election, 2018. It is further submitted that they had gone to the office of the Block Development Officer, Bhangore, South 24-Parganas to file their nomination papers. However, it is alleged that the writ petitioners were beaten up by the members of some political parties with the collusion of the police personnel. They further submitted that there is a reign of terror in the locality and they are unable to even enter the same due to fear of grievous hurt being caused by some hooligans terrorizing the area.
(2.) This writ petition has not yet been served on the respondents. However, taking into consideration the urgency of the above matter, I am of the view that an ad-interim order is absolutely necessary otherwise the said writ petition shall become infructuous.
(3.) In relation to the West Bengal Panchayat Elections, the Supreme Court on April 9, 2018 passed an order in writ petition (C) 302 of 2018 (Bharatiya Janata Party, West Bengal Vs- State of West Bengal and Others). The relevant portion of the Apex Court order is provided below:- 12. "From the perusal of the Scheme and the provisions of the West Bengal Panchayat Elections Act, 2003 (for brevity "the Act"), we find that the Act has empowered the State Election Commissioner to pass appropriate orders in relation to any grievance, when made by any political party, or/and their individual candidate including any independent candidate with regard to any matter relating to and arising out of the election and election process. 13. It is, therefore, essentially for the State Election Commissioner to consider the grievance once made by any party or/and candidate as the case may be and pass appropriate order/s keeping in view the nature of grievance made and relevant factors concerning the election and its process. 14. We are, therefore, inclined to dispose of this petition by granting liberty to all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, to approach the State Election Commissioner with their any individual or/and collective grievance. 15. If any such grievances are made by any political parties or/and any candidate/s in writing then needless to say, the State Election Commissioner would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith. 16. We hope and trust that in order to ensure fair and free election to the panchayats, the State Election Commission shall take appropriate steps to remove the apprehensions of the petitioner and/or intending candidates and they may not be deprived of their chance to contest the panchayat elections. With the aforesaid observations, the writ petition is disposed of.";