Calcutta High Court declined interim relief affecting poll officials during West Bengal elections. Krishna Rao held electoral process must remain undisturbed, deferring intervention until completion of polling phase.
The Calcutta High Court refused to issue any interim directions involving officials posted for election-related duties. The Court said that such issues should not be disturbed while the electoral process is underway. It also made clear that it will not pass any orders affecting officers on poll duty until April 29, which is the date fixed for the second phase of the West Bengal Assembly elections 2026.
The remarks were made during a hearing before Justice Krishna Rao, when a lawyer orally requested the Court to restrain IPS officer Ajay Pal Sharma. The officer, appointed by the Election Commission of India as a police observer, is currently supervising election work in the South 24 Parganas district. The lawyer alleged that the officer was violating the Model Code of Conduct (MCC) and urged immediate judicial intervention.
However, Justice Rao declined to entertain the request at that point and said that no orders would be passed against officers actively assigned to election responsibilities until polling for the relevant phase is completed. The Court stressed the need to preserve the sanctity of the election process and avoid judicial interference that could undermine administrative arrangements during the voting period.
The Court further observed that the plea had been made orally, noting that the formal filing of a petition had not yet been completed. Responding to additional claims that the officer was intimidating voters, Justice Rao advised the counsel to seek suitable relief through the Election Commission.
The lawyer submitted that a complaint had already been lodged with the Election Commission but that no response had been received yet. Even so, the Court maintained its stance of non-intervention at this stage.
It may be noted that Ajay Pal Sharma is among multiple police observers appointed by the Election Commission to help ensure free and fair elections in sensitive constituencies during the second phase scheduled for April 29. The Court’s approach reflects judicial restraint in election matters particularly when statutory authorities like the Election Commission already have supervisory powers and mechanisms to address complaints.
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