Tampering of nomination papers: HC puts interim stay on CBI probe

MP | 23 June 2023 | Kolkata: The Division Bench of Calcutta High Court on Friday ordered an interim stay on the investigation by the Central Bureau of Investigation (CBI) in connection with the allegations of tampering of nomination papers of two candidates. 

The state moved the Division Bench of Calcutta High Court against the order by the Single Bench on Thursday. Hearing the matter on Friday, the Division Bench of Justice Arijit Banerjee issued an interim stay and directed CBI to not take any steps till Monday. 

Justice Amrita Sinha on Wednesday had asked the CBI to investigate the allegations of tampering of documents at the time of filing nominations for the upcoming panchayat elections. 

The Court directed for the investigation to be conducted at the earliest but positively by July 5 and the report to be submitted on July 7. 

The petitioners have alleged that the Panchayat Returning Officer has tampered with the documents filed by them at the time of submitting nomination papers. 

It has been submitted in Court that both the petitioners are members of the OBC ‘A’ Category and both the petitioners have certificates issued by the Sub Divisional Officer, Uluberia. 

“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,” Justice Sinha observed. 

Meanwhile, in another case, the Calcutta High Court on Friday directed the State Election Commission (SEC) to submit a report concerning the allegations that only candidates of the TMC filed nominations for the upcoming Panchayat polls from 274 seats. 

The matter was heard by Chief Justice TS Sivagnanam and Justice Ajay Kumar Gupta. “We are examining a larger issue as to whether it is possible and feasible that 274 seats can remain uncontested and there is not even a single person who is desirous of filing his nomination for any one of the seats in the 10 Gram Panchayats, 30 Panchayat Samitis and 3 Zilla Parishads. 

Therefore, we direct the third respondent, the West Bengal State Election Commission to file a report on the issues highlighted in the writ petition and the Court will decide as to what further orders are required to be passed in this writ petition,” the Court’s order stated as per a news media agency. 

The Court has directed the SEC to produce the report on Monday when the matter is scheduled to be heard next 

https://www.millenniumpost.in/bengal/tampering-of-nomination-papers-hc-puts-interim-stay-on-cbi-probe-523151