Plea in Calcutta HC Seeking State Emergency and Suspension Of Panchayat Elections

An urgent petition was mentioned before the Calcutta High Court, seeking to declare a State emergency and the suspension of the upcoming panchayat elections in West Bengal which is scheduled for July 8, 2023.

The petition referred to Article 356 of the Constitution, which grants the President the authority to declare a State emergency if the government of the State cannot function in accordance with constitutional provisions, based on a report from the Governor or other sources.

The plea was brought before Chief Justice Sivagnaman and Justice Ajay Kumar Gupta, urging “the election process should be stopped, and directions should be issued on the Central government, Home Ministry to declare emergency after getting a report from the Governor…if they find fit that emergency should be declared in this cases, then the postponement of panchayat election is required…”

The High Court is currently considering multiple petitions that raise concerns about the State Election Commission’s conduct in the ongoing election process. The court has instructed the petitioner to file the necessary documents, ensuring that the matter will be addressed in due course.

Additionally, a Public Interest Litigation (PIL) challenging the appointment of the State Election Commissioner was also presented before the court. The petitioner argues that the appointment lacks legislative backing since the notification pertaining to the State Amendment Act, which appointed the State Election Commission, was not published in the Official Gazette. The PIL seeks a declaration that any actions taken by the Commissioner during their tenure should be deemed void from the beginning.

In another PIL filed, it is alleged that health insurance schemes are being misused as a means to manipulate voters in the panchayat election. The counsel representing the petitioner argued that the schemes are being used as a significant political tool and are unconstitutional. They further claimed that the State failed to raise objections, which, according to the counsel, violates Article 14 of the Constitution.