JUDGMENT : Biswanath Somadder, J. 1. Three Intra-Court Mandamus Appeals, being MAT 364 of 2018, MAT 365 of 2018 and MAT 366 of 2018 along with their respective connected applications are taken up together for consideration and disposed of as follows:- 2. MAT 364 of 2018 is an appeal filed by All India Trinamool Congress against an order dated 12th April, 2018, passed by a learned Single Judge in CAN 2188 of 2018 arising out of AST 9 of 2018 [WP 4716 (W) of 2018] (Bharatiya Janata Party & Anr. vs. The State Election Commission & Ors.). 3. MAT 365 of 2018 is an appeal preferred by the State Election Commission and its Commissioner against an order dated 10th April, 2018, passed by a learned Single Judge in AST 9 of 2018 [WP 4716 (W) of 2018] (Bharatiya Janata Party & Anr. vs. The State Election Commission & Ors.). 4. MAT 366 of 2018 is an appeal preferred by the State Election Commission and its Commissioner against an order dated 12th April, 2018, passed by a learned Single Judge in CAN 2188 of 2018 arising out of AST 9 of 2018 [WP 4716 (W) of 2018] (Bharatiya Janata Party & Anr. vs. The State Election Commission &Ors.). 5. From the records it appears that a writ petition was filed by Bharatiya Janata Party and its General Secretary on 10th April, 2018, praying, inter alia, for the following reliefs : “(B) Issue a Writ in the nature of Mandamus directing the Respondent authorities and each one of them and their men and agents to afford necessary and effective protection to all the intending candidates of the Petitioners so that they may successfully file their respective nomination forms before the concerned authority for contesting the ensuing West Bengal Panchayat Elections of 2018; (C) Issue a writ in the nature of Mandamus directing the Respondent authorities and each one of them and their men and agents to deploy sufficient number of Police force in and around the office of the concerned authority before whom the nomination forms are supposed to be filed by the intending candidates of the petitioners in the ensuing West Bengal Panchayat Elections of 2018. (D) Issue a Writ in the nature of Mandamus directing the Respondent authorities and each one of them and their men and agents to make alternative arrangements for the intending candidates who would ultimately not be able file their nomination forms before the concerned authority for the ends of justice. (E) Issue a Writ in the nature of Prohibition directing the respondent authorities and each one of them and their men and agents to prohibit the happening of any violence centering on filing of nomination form for the ensuing West Bengal Panchayat Elections of 2018; (F) Issue a Writ in the nature of Certiorari directing the respondent authorities to certify and transmit the records of the instant case before this Hon’ble Court so that conscionable justice may be rendered by passing an appropriate order.” 6. When the writ petition was taken up for consideration by the learned Single Judge on that day itself (i.e., on 10th April, 2018), All India Trinamool Congress – which was previously not impleaded – was directed to be impleaded as a respondent. 7. By the impugned order dated 10th April, 2018, the Court permitted the State Election Commission to take steps in accordance with law by treating the operation of the order dated 10th April, 2018, passed by the State Election Commission, to have been kept in abeyance. The main writ petition was directed to appear under the heading ‘For Orders’ ‘Fixed’ on 24th April, 2018. We notice that the learned Single Judge while passing the impugned order dated 10th April, 2018, took into consideration the respective contentions of the parties; in particular, the order of the Hon’ble Supreme Court dated 9th April, 2018, passed in Writ Petition (Civil) No(s). 302 of 2018. For convenience, relevant portion of the order of the Hon’ble Supreme Court dated 9th April, 2018, is quoted hereinbelow: “(11) We have given our thoughtful consideration to the submissions made by learned senior counsel for the parties. It is not in dispute that the West Bengal State Election Commission had issued notifications 02.04.2018 for holding panchayat elections in the State of West Bengal. Thus, the election process has been set into motion. It is not in dispute that the West Bengal State Election Commission had issued notifications 02.04.2018 for holding panchayat elections in the State of West Bengal. Thus, the election process has been set into motion. In view of the decision of this Court, in the case of Bodula Krishnaiah (supra) wherein it was held that once the election process has been set in motion, the Court ought not to interfere, we are not inclined to interfere. However, the fact remains that according to the newspaper reports filed along with writ petition which has been referred to by the learned senior counsel for the petitioner incidence of violence has taken place when the candidates have gone to obtain and file their nomination papers. This also stands fortified with the notification dated 05.04.2018 issued by the West Bengal State Election Commission where the State Election Commission had provided additional venue for filing the nomination papers. (12) From the perusal of the Scheme and the provisions of the West Bengal Panchayat Elections Act, 2003 (for brevity “the Act”), we find that the Act has empowered the State Election Commissioner to pass appropriate orders in relation to any grievance, when made by any political party, or/and their individual candidate including any independent candidate with regard to any matter relating to and arising out of the election and election process. (13) It is, therefore, essentially for the State Election Commissioner to consider the grievance once made by any party or/and candidate as the case may be and pass appropriate order/s keeping in view the nature of grievance made and relevant factors concerning the election and its process. (14) We are, therefore, inclined to dispose of this petition by granting liberty to all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, to approach the State Election Commissioner with their any individual or/and collective grievance. (15) If any such grievances are made by any political parties or/and any candidate/s in writing then needless to say, the State Election Commissioner would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith. (15) If any such grievances are made by any political parties or/and any candidate/s in writing then needless to say, the State Election Commissioner would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith. (16) We hope and trust that in order to ensure fair and free election to the panchayats, the State Election Commission shall take appropriate steps to remove the apprehensions of the petitioner and/or intending candidates and they may not be deprived of their chance to contest the panchayat elections. With the aforesaid observations, the writ petition is disposed of.” 8. It appears that subsequently on 11th April, 2018, All India Trinamool Congress took out an application, being CAN 2188 of 2018, before the learned Single Judge praying, inter alia, for vacating and/or variation and/or modification of the order dated 10th April, 2018, passed by the learned Single Judge in AST 9 of 2018 [WP 4716 (W) of 2018]. On that very day itself (i.e., on 11th April, 2018), a Miscellaneous Application, being MA 1030 of 2018 was moved by Bharatiya Janata Party, West Bengal, in Writ Petition (Civil) No(s). 302 of 2018 before the Hon’ble Supreme Court which appears to have been tagged with Writ Petition (Civil) Diary No.13741 of 2018. It would be noteworthy to set out the principal prayers made before the Supreme Court by Bharatiya Janata Party, West Bengal, in its Miscellaneous Application No. 1030 of 2018: “(a) Pass necessary directions to protect and preserve the spirit of directions given by this Hon’ble Court by order dated 09.04.2018 and to ensure proper representation of all stake holders/intending candidates at grass root democracy; and/or (b) Direct the W.B. State Election Commission, Respondent no.6 to extend the date of submission of nominations by all the candidates; and/or” 9. The Hon’ble Supreme, by its order dated 11th April, 2018, disposed of both the Miscellaneous Application No. 1030 of 2018 and Writ Petition (Civil) Diary No. 13741 of 2018, while passing the following order:- “We have heard the learned senior counsel for the parties. It is not in dispute that the petitioner and one more person have approached the Calcutta High Court by filing Writ Petition challenging the order dated 10th April, 2018 passed by the State Election Commission and an interim order has already been passed staying the operation of the said order. It is not in dispute that the petitioner and one more person have approached the Calcutta High Court by filing Writ Petition challenging the order dated 10th April, 2018 passed by the State Election Commission and an interim order has already been passed staying the operation of the said order. Learned senior counsel appearing on behalf of the petitioner/applicant placed before us a newspaper clipping dated 11th April, 2018 published in The Telegraph in which certain news has been published regarding the manner in which the order has been recalled on 10th April, 2018. As the matter is pending consideration before the Calcutta High Court, liberty is granted to the parties to approach the Calcutta High Court to raise all such pleas which are available to them. 10. Learned senior counsel submits that his clients shall approach the High Court tomorrow. 11. Liberty is granted to do so. 12. The Calcutta High Court shall decide the matter expeditiously in accordance with law. 13. Disposed of in the above terms. Writ Petition (Civil) Diary No. 13741/2018 14. In view of the disposal of the MA 1030/2018 in WP (C) No(s). 302/2018, this writ petition also stands disposed of in the same terms.” 15. Thereafter, on 12th April, 2018, All India Trinamool Congress’s application praying for vacating and/or variation and/or modification of the order dated 10th April, 2018, being CAN 2188 of 2018, was taken up for consideration along with the main writ petition, being WP 4716 (W) of 2018. From the impugned order dated 12th April, 2018, it appears that the learned Single Judge took notice of the observations made by the Hon’ble Supreme Court in both its orders dated 9th April, 2018 and 11th April, 2018 and proceeded to dispose of CAN 2188 of 2018 by keeping the main writ petition [i.e., WP 4716 (W) of 2018] returnable under the heading “Fixed Matters” today, i.e., on 16th April, 2018 at the first sitting of the Court when the State Election Commission was scheduled to file its report on affidavit. 16. In the appeal filed by All India Trinamool Congress (being MAT 364 of 2018), the appellant has essentially raised the point of maintainability of the writ petition and has urged that no orders could have been passed by the learned Single Judge in connection therewith without – at first – deciding the said point. 16. In the appeal filed by All India Trinamool Congress (being MAT 364 of 2018), the appellant has essentially raised the point of maintainability of the writ petition and has urged that no orders could have been passed by the learned Single Judge in connection therewith without – at first – deciding the said point. This contention of the appellant is grounded on the fact situation that the Panchayat election process has already commenced upon issuance of the notification under section 42 of the West Bengal Panchayat Elections Act, 2003. According to the appellant, the impugned orders passed by the learned Single Judge, being orders dated 10th April, 2018 and 12th April, 2018, tantamount to stalling the election process which is not permissible in law. In this context, the following judgments have been referred to and relied upon:- 1. AIR 1952 SC 64 (N.P. Ponnuswami vs. Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. and Others); 2. (1985) 4 SCC 689 (Lakshmi Charan Sen & Ors. vs. A.K.M. Hassan Uzzaman & Ors.); 3. (2006) 10 SCC 616 (Gurdeep Singh Dhillon vs. Satpal & Ors.); and 4. (2016) 4 SCC 429 (Shaji K. Joseph vs. V. Viswanath & Ors.). 17. Another point which has been sought to be raised by the appellant in MAT 364 of 2018 (All India Trinamool Congress) is that the learned Single Judge while passing the impugned order dated 12th April, 2018, could have either allowed or rejected the application for vacating and/or variation and/or modification of the order dated 10th April, 2018, but could not have proceeded to issue certain mandatory directions as contained in the said order. 18. In respect of the two appeals preferred by the State Election Commission, being MAT 365 of 2018 and MAT 366 of 2018, the Secretary of the State Election Commission has essentially urged the point that once the election process has commenced upon issuance of the notification under section 42 of the West Bengal Panchayat Elections Act, 2003, the writ petition, being WP 4716 (W) of 2018, was not maintainable and, as such, no orders could have been passed by the learned Single Judge staying the election process. 19. We notice from the order of the Hon’ble Supreme Court dated 9th April, 2018, passed in Writ Petition (Civil) No(s). 19. We notice from the order of the Hon’ble Supreme Court dated 9th April, 2018, passed in Writ Petition (Civil) No(s). 302 of 2018 that while disposing of that writ petition, it has granted liberty to all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, to approach the State Election Commissioner with their any individual or/and collective grievance. The Hon’ble Supreme Court has further observed that if any such grievances were made by any political parties or/and any candidate/s in writing, then the State Election Commissioner would ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith. The Supreme Court also in the last paragraph of its order dated 9th April, 2018 (as quoted hereinbefore) observed to the effect that the State Election Commission should take appropriate steps to remove the apprehensions of the petitioner and/or intending candidates and they may not be deprived of their chance to contest the Panchayat Elections. 20. Consequently, while noticing the order of the Hon’ble Supreme Court dated 9th April, 2018, the State Election Commission passed an order on that day itself based on complaints, deputation, etc. that intending candidates and proposers are being obstructed or prevented from making nomination and many intending candidates could not file their nomination due to such disruption and proceeded to extend the last date of making nomination for one day, i.e., on 10th April, 2018 from 11 A.M. to 3 P.M., invoking the provisions as contained in the proviso under sub-section (2) of section 46 of the West Bengal Panchayat Elections Act, 2003. 21. This order of the State Election Commission, however, was subsequently recalled on the very next day, i.e., on 10th April, 2018, upon passing of another order wherein it was observed, inter alia, that there was no specific direction by the Hon’ble Supreme Court for extension of the nomination date. This order of the State Election Commission became the subject-matter of challenge before the learned Single Judge in AST 9 of 2018 [WP 4716 (W) of 2018]. 22. When the Hon’ble Supreme Court took up the Miscellaneous Application, being MA No. 1030 of 2018 in Writ Petition (Civil) No(s). This order of the State Election Commission became the subject-matter of challenge before the learned Single Judge in AST 9 of 2018 [WP 4716 (W) of 2018]. 22. When the Hon’ble Supreme Court took up the Miscellaneous Application, being MA No. 1030 of 2018 in Writ Petition (Civil) No(s). 302 of 2018 together with Writ Petition (Civil) Diary No. 13741 of 2018 on 11th April, 2018, it appears to have taken specific notice of the order dated 10th April, 2018, passed by the learned Single Judge in WP 4716 (W) of 2018 (which is now impugned before us). It is clear from the order of the Hon’ble Supreme Court dated 11th April, 2018, that since the matter was pending consideration before this High Court, liberty was granted to the parties to approach the High Court to raise all such pleas which were available to them. The High Court was directed to decide the matter expeditiously in accordance with law. 23. The learned Single Judge upon noticing both the orders of the Hon’ble Supreme Court dated 9th April, 2018 and 11th April, 2018, passed its second order dated 12th April, 2018, while taking up All India Trinamool Congress’s application, being CAN 2188 of 2018, together with the main writ petition, being WP 4716 (W) of 2018. The Court proceeded to prepone the hearing of the main matter keeping it as a fixed matter for today, i.e., on 16th April, 2018. It also passed certain directions in the light of the orders of the Hon’ble Supreme Court including the direction upon the State Election Commission to first apprise the Court on affidavit of the steps taken in terms of its order dated 10th April, 2018, read in the light of the order of the Supreme Court dated 9th April, 2018, before-proceeding further with any step/steps connected to the electoral process. 24. It is, therefore, evident that the directions given by the learned Single Judge as contained in the order dated 12th April, 2018, was in aid of expeditious disposal of the writ petition, being WP 4716 (W) of 2018 and was not limited to disposal of CAN 2188 of 2018 (being the application filed by the All India Trinamool Congress seeking for vacating and/or variation and/or modification of the order dated 10th April, 2018), alone. 25. 25. While we are not unmindful of the duration of Panchayats expiring some time in August, 2018, and the absolute necessity of completing the election process well within time – in terms of the Constitutional mandate – nevertheless, in the backdrop of the facts and circumstances of the instant case, as narrated hereinbefore, we do not wish to interfere with the orders passed by the learned Single Judge especially in an Intra-Court Mandamus Appeal, where interference is usually warranted when palpable infirmities or perversities are noticed. However, so far as the point of maintainability is concerned, we refrain from making any observation or dealing with the judgments cited and keep it open to be decided finally by the learned Single Judge, considering the facts and circumstances of the instant case. 26. Before parting with the matter, we wish to request the learned Single Judge to decide the writ petition as expeditiously as possible, particularly in the light of the last observation made by the Hon’ble Supreme Court in its order dated 11th April, 2018, and if required, upon conducting day-to-day hearing without granting any unnecessary adjournment to the parties. 27. The appeals and the connected applications stand disposed of accordingly. 28. Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. - I agree.