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A Division Bench of Calcutta High court on Monday refused West Bengal government an immediate stay on single-judge Bench order regarding Panchayat election. However, admitting the West Bengal government's appeal challenging the order, the Division Bench directed daily hearing for early disposal of the case.
The West Bengal government on Monday moved a Division Bench of Calcutta High court, comprising Chief Justice Arun Mishra and Justice Joymalyo Bagchi, against the order of a single judge Bench of the Calcutta High Court regarding the Panchayat polls. It had also sought a stay on a single bench order last Friday, that directed a three-phased Panchayat election with deployment of central forcess uphelding State Election Commisson's (SEC) demands.
Meanwhile, the Division Bench started hearing the case on Monday itself. Observing that Panchayat Election cannot be delayed as it is a "constitutional obligation" of both State Election Commission and the state government, the Bench said it would hear the case on daily basis.
People in the legal circle indicated, the court may pass an order by next Friday itself, as after that Calcutta High court will remain closed for a month on account of summer vacation.
The contentious issue of deployment of central forces on Monday remained the major point of arguments in the court. The court wanted to know from advocate general Bimal Mitra, if the state had objection to central forces, why it did not opt for more than three-phases of election.Chief Justice Arun Mishra, also wanted to know from the state's counsel whether the state had enough forces to deploy at least two armed personnel in each booth. To this, advocate general Bimal Mitra pointed out that state can deploy two armed police personnel in each election centre, but not in each booth. (an election centre can consists of multiple polling booths).
Later, at the end of on Monday's hearing the court asked the SEC to provide a list of "sensitive", "very-sensitive" and "not-sensitive" polling booths in the state and required security arrangement for the same. The hearing will resume tomorrow at 10.30 am.
However, as the state did not get any stay on Monday, the SEC indicated it would go ahead with preparation for Panchayat poll as per single-judge bench direction. Even, in case of non-cooperation from state, sources say SEC file a separate appeal in the court against the state. Incedentally, the same court is also scheduled to hear petitions seeking CBI probe into the Saradha chit fund scam later in the day tomorrow.
