Ritesh Tiwari, Secretary BJP, WB. filed a Writ Petition at High Court Kolkata

(https://www.facebook.com/ritesh.tiwari.969)

That the people in the State of West Bengal for the last few days has been witnessing the conflicts as aforesaid between the respondent no. 1 and 2 in the matter of holding Panchayet election 2013. Your petitioners believe that such controversy should be resolved for upholding the democracy and the constitutional scheme as has been provided in the Part IX of the Constitution of India. Unless this Hon’ble court the immediately intervenes the time bound Panchyet Election will not be held and democratic rights of the citizens will be at peril. That the people in the State of West Bengal for the last few days has been witnessing the conflicts as aforesaid between the respondent no. 1 and 2 in the matter of holding Panchayet election 2013. Your petitioners believe that such controversy should be resolved for upholding the democracy and the constitutional scheme as has been provided in the Part IX of the Constitution of India. Unless this Hon’ble court the immediately intervenes the time bound Panchyet Election will not be held and democratic rights of the citizens will be at peril.

That Article 243K(3) also recognizes the independent status of the State Election Commission. In the matter of conduct of elections, the government concerned shall have to render full assistance and cooperation to the State Election Commission and respect the latter’s assessment of needs in order to ensure that free and fair elections are conducted.

That it is amply evident that section 42 of the West Bengal Panchayet Elections Act, 2003 in effect curtailed the power of the State Election Commission to make notification for appointment of date or dates and hour or hours of poll for any election or bye election and thereby offend Article 243K(1) of the Constitution of India.

That it is crystal clear that the Constitutional scheme provides for primacy of State Election Commission over the State government in the matter of holding election whereas the Section 42 and 43 of the West Bengal Panchayet Elections Act, 2003 provides for the contrary.

OUR PRAYER

A declaration that Sections 42 and Section 43 of the West Bengal Panchayet Election Act, 2003 are violative of Article 243K(1) of the Constitution of India and therefore void ab initio, inoperative and accordingly be struck down.

A writ of and/or in the nature of mandamus commanding the respondent no. 2 to make the notification for appointment of the date or dates and hours of the poll for Panchayet Election in the State of West Bengal scheduled to be held in the year 2013 following the Article 243K(1) of the Constitution of India;

A writ of and/or in the nature of mandamus commanding the respondent no. 1to make available to the respondent no. 2 such staff as may be necessary for the holding of Panchayet election scheduled to the held on in the year 2013 following the Article 243K (3) of the Constitution of India.