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Sri Rahul Sinha along with other State Office bearers came out from Raj Bhavan |
Dated 25th March, 2013
Shri M. K. Narayanan
Hon’ble Governor of West Bengal
Raj Bhawan Kolkata
Dear Sir,
You being the Constitutional Head of the State we would like to request
your personal intervention to the recent incidents of dispute between
the State Election Commission & Department of Panchayat, Government
of West Bengal.
Sir, in the case of K. S. Tomar vs the
Municipal Corporation of Ahmedabad, the five member Bench of Supreme
Court of India’s ( 2006 Vol. VIII Page 352 ) verdict is clear that on
the issue of Panchayat and Corporation Election the State Election
Commission has the same power vide sec. 243(k), 243 (u) & 243 ZA
(1) like the Election Commission of India by sec 324 of the Constitution
of India. By which the State Election Commission will prepare voter
list, conduct voting process independently. The State Govt. is bound to
co-operate with the State Election Commission.
Sir, as per sec
243(3) of the Constitution of India, you will provide the required
polling personnels for conducting the election. But the State
Governments attitude, as reflected through their announcement is most
undemocratic. The announcement shows the election to 14 districts on the
first day, while rest 3 districts on the second day. Question arises,
whether those three districts, namely Malda, Murshidabad and North
Dinajpur are Maoist infested or are there any serious law and order
problem or are there any deep rooted conspiracy?
Sir, the
delimitation roaster was announced on 15.03.2013. But under West Bengal
Panchayat Election Act & Rule, 2006, part 3 Rules 26, para No. 27(4)
says that at least a 45 days gap is needed for conducting Panchayat
Election. Which was not observed.
Sir, you are aware that
during College Election at Garden Reach, an Officer of Kolkata Police
was shot dead by ruling Party hooligans and the Government has to
postpone all the College elections for six months as the Government
feared that this detoriation of Law and Order is not managable by the
State Police. If this Government is incapable of holding College
Election, how can they dare to hold Panchayat election with these police
force? Hence, Central Armed Force is needed for a free and fair
Panchayat Election.
Sir, We demanded a 5 phase election but
conceded to State Election Commission’s 3 phase proposal. We demanded
sufficient Central Armed Force in each booth. We demanded separate
window in each DM/ SDO Office, if there are incidents of forcible
repulsion of aspiring candidates at BDO offices, we demanded issuance of
provisional SC/ST/OBC certificates, as were given earlier and which,
for some unknown reason been blocked this year.
Sir, you being
the constitutional head of this state, we request you to save our State
from blood bath and to hold a free and fair Panchayat election.
With all our regards,
RAHUL SINHA, President
PRAVAKAR TEWARI, Vice President
ASHIM SARKAR, General Secretary
RITESH TEWARI, Secretary
KAMAL BERIWAL, Secretary