REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) 302 OF 2018  

Bharatiya Janata Party  West Bengal  .... Petitioner(s)

Versus

State of West Bengal & Ors.                     .... Respondent(s)

O R D E R  

R.K. Agrawal, J.

1) By the present writ petition filed under Article 32 of the

Constitution of India,  the Petitioner seeks a writ of mandamus

to  direct  the  West  Bengal  State  Election  Commission-

respondent No. 6 to issue nomination forms to the candidates

of the petitioner so as to enable them to file their nomination

in the ensuing upcoming panchayat elections as also to take

immediate  steps  to  make  arrangements  for  submission  of

nomination  papers  through  email  and  to  provide  police

protection to the candidates of the petitioner so as to enable

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them  to  collect  and  deposit  the  nomination  forms  for  the

purpose of contesting the panchayat elections already notified

and also direct the respondents Nos. 1 to 3 to call for Central

Para-Military Forces to maintain the law and order during the

conduct  of  the  panchayat  elections  in  the  State  of  West

Bengal.

2) We have heard Shri Mukul Rohatgi and Shri P.S.Patwalia

the learned senior counsels appearing for the petitioner and

Dr.  Abhishek  Manu  Singhvi  and  Shri  Amrendra  Saran,

learned senior counsel  for the respondent Nos. 1 to 4 and

Shri  Tushar  Mehta,  learned  Additional  Solicitor  General  for

respondent  No. 7.

3) Relying upon the newspaper reports which appeared in

the  Times  of  India,  Kolkata  edition  dated  03.04.2018  and

04.04.2018, the Statesmen, Kolkata edition dated 04.04.2018

and the Telegraph e-paper preview,the learned senior counsels

for  the  petitioner  submitted that  the  petitioner’s  candidates

who want to contest election for the panchayat which is to be

held in the State of West Bengal are not allowed to collect the

nominations  forms  and  to  submit  the  same  on  account  of

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violent  resistance being put by the supporters of  the ruling

party.

4) In  support  thereof,  learned  senior  counsel  for  the

petitioner placed before us a chart  showing the nomination

report cumulative upto 04.04.2018 in respect of Zila Parishad,

Panchayat Samiti and Gram Panchayat.

5) At  this  juncture,  learned senior  counsel  relied  upon a

decision  dated  28.06.2013  passed  in  SLP  (C)  Nos.

19928-19931  of  2013  titled  West  Bengal  State  Election

Commission Vs. State of West Bengal & Ors. to impress upon

the court that on earlier occasion also when the panchayat

election in the State of West Bengal was to be held in the year

2013,  then this  Court  exercised its  powers  and directed to

re-schedule the elections.

6) Learned  Senior  Counsel,  therefore,  submitted  that  the

State  Election  Commission  be  directed  to  issue  nomination

papers  on  internet  which  may  be  downloaded,  filled  and

submitted on internet by the candidates of the Petitioner as

well as candidates of all other political parties including those

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persons  who  want  to  contest  the  election  as  independent

candidates.

7) The  learned  counsel  for  the  respondent,  however,

submitted that the writ petition has neither been filed by an

individual candidate nor any details have been given to show

that  any  candidate  has  been  prevented  by  anybody  from

obtaining and filing the nomination papers. Thus, in view of

the  decision of  this  Court  in the  case of  Bharat  Singh and

Others vs. State of Haryana & Others - (1988) 4 SCC 534, the

writ petition itself is not maintainable.

8) Further,  relying  upon  the  decision  in  Boddula

Krishnaiah  and  Anr. vs. State  Election  Commissioner,   A.P.

& Ors. – (1996) 3 SCC 416 wherein it was held as under:-

“….11. Thus, it would be clear that once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be  justified  in  interfering  with  the  election  process  giving direction to the election officer to stall the proceedings or to conduct  the  election  process  afresh,  in  particular  when election  has  already  been  held  in  which  the  voters  were allegedly prevented from exercising their franchise. As seen, that dispute is covered by an election dispute and remedy is thus available at law for redressal.”

learned Senior Counsel for the respondent submitted that as

the election process has been set in motion, this court should

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not  pass  any  directions  which  may  effect  the  elections.

According  to  him,  the  State  Election  Commission  is  the

appropriate authority to look into all these grievances and in

fact  on  05.04.2018,  the  West  Bengal  State  Election

Commission  had  issued  a  Notification  No.

632-SCC/3E-30/2018  providing  additional  venue  for  filing

nomination.   

9) Shri Tushar Mehta, learned counsel submitted that the

respondent No. 7 can make arrangements for providing para

military  forces  if  the  State  Election  Commission  makes  a

request or any directions is issued by this Court.

10) In  reply,  the  learned  senior  counsel  for  the  petitioner

invited the attention of the court to paragraph 6(o) wherein a

specific mention has been made where a person who went to

file his nomination was severely beaten up and succumbed to

the injuries.

11) We  have  given  our  thoughtful  consideration  to  the

submissions made by learned senior counsel for the parties. It

is  not  in  dispute  that  the  West  Bengal  State  Election

Commission had issued notifications 02.04.2018 for holding

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panchayat  elections  in  the  State  of  West  Bengal.  Thus,  the

election  process  has  been  set  into  motion.   In  view  of  the

decision of this Court, in the case of Bodula Krishnaiah (supra)

wherein it was held that once the election process has been set

in motion, the Court ought not to interfere, we are not inclined

to interfere. However, the fact remains that according to the

newspaper  reports  filed  along  with  writ  petition  which  has

been  referred  to  by  the  learned  senior  counsel  for  the

petitioner  incidence  of  violence  has  taken  place  when  the

candidates  have  gone  to  obtain  and  file  their  nomination

papers. This also stands fortified with the notification dated

05.04.2018  issued  by  the  West  Bengal  State  Election

Commission  where  the  State  Election  Commission  had

provided additional venue for filing the nomination papers.

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

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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.

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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.  

...…………….………………………J.                (R.K. AGRAWAL)                                  

.…....…………………………………J.         (ABHAY MANOHAR SAPRE)         

NEW DELHI; APRIL 09, 2018.  

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