The Calcutta High Court directed the Election Commission of India (ECI) to shut down the offices of TMC and CPI(M) located near a polling station. Justice Rai Chattopadhyay, presiding over a vacation bench, referenced the ECI’s January 2007 guidelines, which prohibit political party offices within 200 meters of polling stations.
Calcutta: The Calcutta High Court ordered the Election Commission of India (ECI) to immediately shut down the offices of the Trinamool Congress (TMC) and the Communist Party of India (Marxist) [CPI(M)] that located adjacent to a polling station in the Jadavpur Constituency.
Initially, the single judge Justice Rai Chattopadhyay expressed the view to demolish these temporary structures. However, the Court noted that the voting for the Jadavpur constituency in the ongoing Lok Sabha elections scheduled for June 1.
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The Court considered the submission of the ECI that these offices have typically been closed down 48 hours prior to the polling day, as mandated under the Model Code of Conduct (MCC). Taking this into account, the Court directed the ECI to ensure that the said offices are closed down.
The Court decreed,
“The Election Commission of India is to shut down these offices without delay.”
During a hearing, a petition brought forth by Dhiman Kundu, a representative of the Bharatiya Janata Party (BJP) from the Jadavpur Unit. The petition emphasized the Election Commission of India’s (ECI) 2007 regulations, which prohibit any political entity or candidate from establishing party offices or booths within 200 meters of polling stations in any electoral district.
The petition pointed out the presence of a Trinamool Congress (TMC) party office adjacent to a polling station at Dinabandhu Andrews College in Jadavpur, demanding the immediate removal of this temporary structure.
In response, the counsel for the ECI acknowledged the existence of another office belonging to the CPI(M) nearby. Both offices, according to the ECI’s counsel, have been operational for a considerable time.
The court took note of the submissions, acknowledging that these offices had been established near the polling booth for a long duration. It determined that these offices should cease operations 48 hours before the polling commences.
The judge stated in her order,
“If the relevant offices have been operational for a long time but are not in compliance with the established rules, the only solution for the responsible authorities is immediate demolition.”
Nevertheless, the Election Commission of India responded by stating that it does not have the authority to demolish these structures; instead, this responsibility falls to the District Magistrate.
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The Election Commission of India (ECI) argued that, as per the Model Code of Conduct (MCC), these offices typically required to be shut down 48 hours before the polling day.
Consequently, the Court did not order the demolition of the offices, but rather directed that they be closed down.
Advocate Amit Halder represented the petitioner in this case.