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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
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
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