JUDGMENT
1. In this writ petition the petitioner who is the General Secretary of the All India Trinamul Congress prays for cancelling the election programme of the elections to the Siliguri Mahakuma Parishad and also to the Panchayat Samitles and the Gram Panchayats within the jurisdiction of the said Mahakuma Parishad in the District of Darjeellng scheduled to be held on 18.4.99 or for rescheduling the Madhyamlk and Higher Secondary Examinations programmes, and alternatively for making suitable relaxation of the bar on use of loudspeaker and microphone during the period covered by the said examinations with a view to facilitating making of election campaigns. The Madhyamlk examination commenced on and from 4.3.99 and the Higher Secondary examination commenced on 26.3.99 and will continue upto 19.4.99.
2. Mr. Panja appearing on behalf of the petitioner submits that Immediately on receipt of the tentative election programme issued by the State Election Commission on 3.3.99 the petitioner wrote to the Commission on 5.3.99 to fix another programme for the elections so that the election programme may not coincide with the programmes of Madhyamlk and Higher Secondary examinations already announced a few months back and thereby facilitate use of loudspeaker/microphone for election propaganda. His grievance is that without paying any heed to the objection raised by the petitioner the Department of Panchayat and R.D issued the notification dated. 12.3.99 fixing 18.4.99 as the date of the said elections and the election Commission in turn issued a letter on the same date forwarding therewith the Model Code of Conduct required to be maintained by all political parties and candidates in connection with the said elections. The said Model Code refers to restrictions about use of loudspeaker and inter alia requles compliance of the extant orders of the court in this regard.
3. This court by its order dated 20.11.97 passed in C.O. No. 4303(W) of 1996 Imposed a ban on the use of boxes or amplifiers in open air function during a period commencing from 15 days prior to the important examinations like Secondary. Higher Secondary, Delhi Board, etc. examinations tilt such examinations are over. This total ban on the use of microphone during examination period was virtually reiterated in the subsequent order dated 4.3.98. In the still later order dated 11.8.98 open air cultural programmes, subject to certain terms and conditions, were allowed to be performed except in residential areas or areas where educational institutes are situated during the period commencing from at least three days before commencement and till completion of Board/Council examinations.
4. It has been the consistent submission of all the learned Advocates, namely, Mr. L.C. Behanl appearing for the Election Commission, Mr. Indrajit Sen appearing for the State Respondents, Mr. Manlk Chandra Das appearing for the Pollution Control Board and Mr. Gltanath Ganguly, the Special Officer appointed by the court as well as Mr. Ajit Kumar Panja appearing for the writ petitioner that the election process has already commenced and there is no scope or question of deferring the election at this stage. It is also the consistent submission of all of them that there is also no question of deferring the council examinations which have already been scheduled. We are also of the clear opinion that there is no question of deferring either the election or the council examinations which have already been scheduled
and both must co-exist in a harmonious way in the existing state of affairs. The ban on the use of microphone during the examination period was Imposed in the larger interest of the student community which is also the interest of the community at large of which the former is a part. There is again no dispute that Panchayat elections are also a part of the democratic process of our socio-political system and such elections are Indeed necessary for the maintenance and survival of a healthy democracy. There is also no dispute that healthy campaign is also a part of the democratic electioneering method and such campaign is facilitated by proper use of microphone/loudspeaker within reasonable limits.
5. This is however not to say that microphone is indispensable for elctloneerlng. There are also other available methods for approaching the voters. And at any rate the convenience of making election propaganda with the help of microphone cannot outweight the inconvenience which the huge number of examinees are sure to suffer by the onslaught of the use of microphone during the period of examination if microphones are allowed to be played during such period disregarding the Inconvenience and charge in of the examinees. We must however note in this connection that the State Government and the State Election Commission while fixing the date of election should have given due consideration to the desirability of avoiding a colncedence of the election schedule and the schedule of major examinations conducted by the Board/Council, particularly when this aspect of the matter was brought to the notice of the Election Commission and the dates of examinations were fixed quite some time back. The date of the election possibly could have been suitably fixed later or eariler so as to avoid a clash with the schedules or major examinations conducted by the Board/ Council. However what has been done cannot be undone at this stage. But we can only hope that this aspect of the matter will receive due consideration of the authorities in fixing dates of future elections. However having regard to the situation obtaining in this matter we direct that while there will be total ban on the use of microphone in any residential area or mixed residential area and within half a kilometre of such area during the period covered by the examination schedules, microphone fitted with sound limiter may however be used for the purpose of election propaganda outside such area only from 5 P.M. to 7 P.M. but maintaining a sound level not exceeding 45 db. and not affecting any ‘silence zone’. The relaxation allowed by this order will be applicable only to rural areas within the jurisdiction of the Slllgurl Mahakuma Parlshad during the ensuing panchayet elections there. Prior permission of the concerned authority will however have to be taken as required under law for making use of microphone. The benefit as well as the restriction of this order will be equally applicable to all political parties and candidates taking part in the said elections and any violation of the same will amount to violation of the Model Code of Conduct and entail consequences accordingly. The respondents authorities are directed to ensure that this order is strictly compiled with and even the slightest violation of the same is brought to book. The State Election Commission, the Pollution Control Board and the Special Officer are directed to give adequate publicity to the salient points of this order through media for the information of all concerned. The writ petition stands disposed of accordingly.
6. Petition disposed of