Kolkata, May 18 A single-judge bench of the Calcutta High Court on Monday granted interim protection to Jahangir Khan, the Trinamool Congress candidate from the Falta Assembly constituency in South 24 Parganas district of West Bengal, from any coercive police action, including arrest, till the repoll process is completed and the results are announced.
Repolling in the constituency is scheduled for May 21, while the results will be declared on May 24.
Earlier in the day, Khan approached the single-judge bench of Justice Saugata Bhattacharya with an anticipatory bail plea apprehending arrest ahead of the repoll.
The matter was heard on an urgent basis during the second half of the day, following which Justice Bhattacharya granted interim protection from coercive police action, including arrest, till May 24.
Justice Bhattacharya observed that Khan should be given a fair opportunity to contest the election. The court also clarified that the interim protection would apply in connection with all FIRs registered against him.
At present, five FIRs have been registered against Khan -- one on May 5, three on May 10 and another on May 15.
The charges mentioned in the FIRs relate to alleged voter intimidation and other electoral irregularities during polling in Falta on April 29, when voting for the constituency was held in the second phase of the two-phase West Bengal Assembly elections last month.
During the hearing on Monday, Khan's counsel argued that the FIRs lodged against his client were based on false and baseless allegations and that there was a possibility of his arrest before the repoll.
The next hearing in the matter will take place before a vacation bench of the Calcutta High Court on May 26.
On April 29, several complaints of alleged electoral malpractices emerged from Falta.
At several polling booths, the EVM buttons corresponding to the names and symbols of BJP candidates were allegedly covered with white tape.
Subsequently, special poll observer Subrata Gupta, currently serving as adviser to Chief Minister Suvendu Adhikari, personally visited Falta and conducted an inquiry into the allegations.
Based on Gupta's findings, the Election Commission of India (ECI) ordered repolling across the entire Falta Assembly constituency. Repolling will be held on May 21 and the results will be declared on May 24.
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