HC directs Nandakumar P.S OC to be present in court with case diary

Kolkata: Questioning the arrest of an elected OBC candidate in Panchayat elections on the day he was supposed to contest the election for Pradhan position, the Calcutta High Court on Monday directed the Officer-in-Charge (OC) of Nandakumar Police Station to remain present in court with the case diary.

The Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was hearing a matter relating to the election of Pradhan of Sitalpur Paschim Gram Panchayat (GP). The office of Pradhan is reserved for OBC category candidates. The petitioner concerned is from the OBC category. An FIR was lodged against the said petitioner who contested the Panchayat election and was declared elected on

July 11, 2023.

On the date for election of Pradhan on August 11, 2023 the police arrested him from the office of the Panchayat when he was present there for casting his vote. The petition contended that the arrest was deliberate only to give a chance to another OBC candidate to be elected.

The opposing party contended that the arrested petitioner was not eligible and the one elected eventually was eligible for the post.

Further, counsel for the state respondents submitted that there was nothing wrong in the arrest of the petitioner from Panchayat premises as a complaint alleging cognisable offences was filed against him.

The court said there are two things to be taken into consideration in this case: First, whether the arrest was bona fide or mala fide, and secondly, if it was mala fide then to what extent it affects the fairness of a democratic process.

The court directed: “The Officer-in Charge is directed to be personally present with the case diary on the adjourned date. Matter will appear day after tomorrow. Records of the Single Bench judge be placed before us.” A report of the re-election was also placed before the court.