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Constitutional crisis due to panchayat poll row
Why it is in news?
- The West Bengal government told the Supreme Court that the row over the recently-concluded panchayat polls in the State has led to a “constitutional crisis” since the tenure of several panchayats was over and new bodies have not been made functional.
- The apex court had earlier stayed the Calcutta High Court order asking the State election body to accept the nomination papers filed through e-mail for panchayat elections and directed the poll panel not to declare in the gazette the names of those candidates who had won unopposed.
Funds to go back
- A Bench was told that a constitutional crisis has emerged as tenure under Article 243(E) (duration of panchayat) of the Constitution of several panchayats is over.
- The funds allotted to panchayats will go back. There is a constitutional crisis under Article 243(E) of the Constitution.
- The development in the villages has come to a standstill.
- The top court said that it is a part heard matter by a three-judge Bench and only when the Bench is in appropriate combination, it will be taken up for hearing.
No stay
- Elections were held in phases for 48,650 posts in Gram Panchayats, 825 posts in Zilla Parishads and 9,217 posts in Panchayat Samitis and it has been alleged that around 34% seats were uncontested.
- The apex court had earlier refused to stay the poll process observing that there were a plethora of judgments which have held that once the poll process has begun, it cannot be interfered into by any court.
- The court was hearing an appeal filed by the State Election Commission against the High Court order asking it to accept the nomination papers filed through e-mail for the panchayat elections.
- The CPI(M) had claimed that many of its candidates were prevented from filing nominations by the TMC.
No complaints
- The ruling Trinamool Congress party had contended that not a single candidate has approached any court with the grievance that he or she has been stopped from filing nomination papers.
- The Opposition parties -- CPI(M) and BJP -- who have opposed the contention of the State government, poll panel and the TMC, alleged that West Bengal did not witness a free and fair election and the candidates hailing from these two parties were stopped from filing nomination papers.
- It had directed the State Election Commission to provide exact statistics about such contested posts by Saturday.
Source
The Hindu