The Calcutta High Court recently passed an order in relation to the upcoming West Bengal Panchayat Elections, directing a Central Bureau of Investigation (CBI) inquiry into allegations of tampering with nomination papers by the Returning Officer.
The Court has set a deadline for the CBI to complete its investigation by July 5 and submit a report to the Court by July 7, just a day before the scheduled panchayat elections.
“For the purpose of maintaining independency and transparency in the process of investigation, the Court thinks it fit to direct the CBI to conduct the investigation and file a report before this Court,” the bench ordered.
A single-judge Justice Amrita Sinha passed the order after rejecting the submissions put forth by the State Election Commission (SEC) and the State, which asserted that the inquiry should be conducted by the state authorities.
“As it appears that the allegation of tampering has been brought against an officer who is responsible for conducting the election in a free and fair manner, accordingly, the said allegation is required to be enquired into by a competent independent authority … As the officer against whom the allegation is made is acting according to the directives of the State respondents and is also responsible for conducting the election in a free and fair manner, it may not be possible for the State agency to act in an independent way,” the bench noted.
The single bench further directed the preservation and maintenance of the video recording capturing the scrutiny process conducted by the Panchayat Returning Officer, Uluberia I Block, until a re-scrutiny is conducted.
These orders were passed in response to a bunch of petitions filed by candidates who alleged that the documents they had submitted along with their nomination papers had been tampered with. It was brought to the Court’s attention that similar incidents had occurred on multiple occasions.
The bench scheduled the matter for further hearing on 7th July, 2023.
