Supreme Court on Tuesday declined the petition challenging the Election Commission’s decision to conduct the assembly polls of West Bengal in eight phases.
The bench led by Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian dismissed the plea filed by advocate Manohar Lal Sharma saying, “We don’t agree with you. We have read the whole case, dismissed.”
In the petition filed by advocate Manohar Lal Sharma, he had argued that while the elections scheduled around the same time in two other States, Tamil Nadu and Kerala, and one Union Territory, Puducherry are being held in a single phase, the elections in another State, Assam is slated to be held in 3 phases.
Advocate Sharma claimed that the Election Commission decision to hold the Assembly polls in eight phases in West Bengal is violative of Right to equality under Article 14 of the Indian Constitution.
“There is no law has been framed yet empowering the election commission to adopt an unequal treatment of election among the 5 states as per their whim. Conducting election in 8 phases while other states in 1 phase Especially when West Bengal has not facing any terrorist attack or under disputed war zone. It’s a clear case of violation of Article 14 of the Constitution of India,” the plea stated.
The petitioner had also objected against the slogans raised by BJP leaders Amit Shah and Shubhendu Adhikari during the election campaign in West Bengal. They have raised the religious slogan “Jai Shree Ram”.
“Secularism is an unalterable basic structure of the Constitution. Using religious provocative slogan “Jai Shri Ram” has been creating communal disharmony and hatred among citizens of India,” the plea added.
He submitted that the following act amounts to the violation of Section 123 and Section 125 of the Representation of People Act (RP Act). Therefore, he also sought action against the leaders under Representation of People Act and Indian Penal Code.