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HC strikes down govt’s decision to withhold polls to seven civic bodies

The court ordered the government to start the election process in these seven civic bodies immediately.

By: Express News Service | Kolkata | Updated: April 17, 2015 1:39:30 am

Holding that the State Election Commission (SEC) has the primacy in fixing the dates of polls, the Calcutta High Court Thursday struck down West Bengal government’s decision to withhold elections to seven civic bodies and ordered that the same be held within two months.

Hearing a PIL on whether the state administration or the EC has the primacy in holding elections, a division bench of Chief Justice Manjula Chellur and Justice Joymalya Bagchi ruled in favour of the SEC.

If the SEC has consulted the state government before fixing a date, then such an election cannot be held unconstitutional, the bench observed.

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It stated that the entire process of witholding the elections to civic bodies of Raniganj, Jamuria, Asansol, Kulti, Bidhananagar, Rajarhat-Gopalpur and Bally, was illegal.

The court ordered the government to start the election process in these seven civic bodies immediately and complete it within two months.

SEC S R Upadhyay, however, said he was yet to get a copy of the order. “We will start working on it as soon as I get the order.”

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