- (1.) The West Bengal State Election Commission issued three Notifications, all dated 2nd April, 2018, declaring election to the Gram Panchayats, Panchayat Samities and Zilla Parishads in the State of West Bengal. The last date for filing of nomination has been notified as 9th April, 2018. The first phase of election is scheduled for 1st May, 2018.
(2.) The present petitioner is a member of the Parliament from the Indian National Congress Party. He has filed this writ petition by way of public interest litigation alleging that opposition party members are not being allowed to file nomination for contesting the Panchayat Election. They are being scared away by threat of assault and even being physically obstructed.
(3.) The petitioner who appeared in person submitted that mockery is being made of the democratic rule, which is followed in our country. Several prayers have been made in the writ petition. Some of the prayers are made regarding stalling of the election process. We are, prima facie, of the view that such prayers cannot be entertained in view of the pronouncements of the Hon'ble Apex Court in several decisions including in the case of Boddula Krishnaiah and another v. State Election Commissioner, A.P. and Others reported in, 1996 3 SCC 416 : (AIR 1996 SC 1595) and in the case of N. P. Ponnuswmi v. Returning Officer, Namakkal Constituency and Others, 1952 AIR(SC) 64 : 1952 SCR 218 : 1 ELR 133. Moreover, Article 243-0 of the Constitution of India clearly states that no Panchayat election shall be called in question except by way of an election petition. However, there are other prayers in the writ petition which the writ court may entertain. One of such prayers which is in aid of holding of a peaceful election reads as under:- '(a) (iii) To direct the respondent no.3 to ensure to file the nomination paper by the contesting candidates, if necessary, by a direction for filing nomination before the State Election Commissioner and/or concerned District Magistrate of the concerned district who in turn send the same to the concerned places by taking the process of internet;';