Panchayat Elections | Serious Issue If State Can't Control Violence, Outcome Of Elections Subject To Our Ultimate Orders: Calcutta High Court

The Calcutta High Court on Wednesday expressed its anguish over repeated complaints about alleged violence and mismanagement during the Panchayat Election process conducted by the WB State Election Commission.

Expressing displeasure over the unfolding situation of lawlessness, a division-bench of Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya emphatically warned that decision regarding finality of the electoral process hinges on the outcome of the writ petitions pending before it.

Accordingly, the SEC was directed to respond to the contentions on alleged malpractice, as well as address the number of booths which needed to go for re-polling. The Bench ordered:

“After having heard all parties, we are of prima facie view that the SEC’s response was not adequate. Even today, no officer of the SEC is present in court to give necessary instructions to the Senior Counsel. It is not clear as to why SEC is not proactive, especially when the court has been monitoring the entire process. The SEC is to respond to whether the petitioners’ representation on 5,000 booths for re-polling were considered by the SEC and whether any exercise was conducted to examine as to whether re-polling had to be done in all booths mentioned by the petitioner.

This Court is surprised to note that even after declaration of results, the State is not able to control the violence that has erupted. Various allegations have been made on the liberty of citizens being compromised and that police are not helping the innocent citizens. The responsibility to ensure that there is no breach of peace lies with the State Government. If it is not a position to safeguard its citizens, then it is a very serious matter to be taken note of. In light of the above, we direct the SEC, State government and the Central government, to file affidavits addressing all allegations for the court to consider. The Court has been monitoring the process even after dismissal of SLP and has passed other orders supplementing earlier directions.

It goes without saying that whatever has happened thus far, may be subject to ultimate orders that are passed in this petition. The SEC shall make this known to all candidates and inform them that the declaration of having being elected shall be subject to final orders passed in these connected matters.”

The matter has been posted for further hearing on the 21st of July.

Deployment of Forces

In another petition filed by political leaders Adhir Ranjan Chowdhury and Suvendu Adhikari, the High Court directed for formation of a high-level committee consisting of members from both Central Forces as well as State’s law enforcement, for coordination and deployment of forces in the State. It ordered,

“The Chief Secretary, Government of West Bengal shall convene an urgent meeting [of a committee], inviting the Inspector-General BSF, as the nodal officer of central forces in the State, along with the Director-General of Police, WB, the Additional Inspector-General Law & Order, Home Secretary, Govt of WB, along with any other officers as may be required. Policy decisions shall be taken in this meeting and it shall be the responsibility of the Chief Secretary and DG to ensure that those decisions are strictly implemented. Clear directions for cooperation and compliance must be given to the district machinery, and the State police in all districts shall extend their cooperation in this regard.”

Deputy Solicitor General, Billwadal Bhattacharya handed the Court a report claiming that no logistical support in terms of accommodation or transportation was provided to the forces. Rather, State and SEC had been consciously uncooperative and as such Central forces were not able to be deployed to the sensitive areas which, as yet had not been clearly identified.

Upon going through the report, the Court took exception to the claims made thereunder, and apprised the SEC of the damaging nature of the allegations, and that if any of those allegations as mentioned in the report were true, then it would tantamount to a “wilful neglect” of the Courts orders. The Bench orally remarked:

“If whatever is said in this report by the nodal officer ultimately proves to be right, then it is highly unbecoming of the Commission. We clarified about all the logistical arrangements and got to know everything was in place. Now the Nodal Officer is saying that they were made to sit in barracks without being deployed, since transportation was not available...this appears to be a grim situation. In our prima facie view, if this report is true, then it is a sorry state of affairs...If allegation of non-cooperation is established then it is a clear case of wilful disobedience. Making an order unworkable is also [contempt]...We remember that in all previous orders we had said State and Central forces should “work in tandem.” What does that mean? We have also reposed faith in SEC and rejected prayers for observers, etc. Even today we rejected the prayer for removal of the State Election Commissioner. This Court has endeavoured to bring everybody under one umbrella, but you don’t want to share the umbrella. Whether they are blowing up facts or not is a different issue, but they have gone on affidavit, it is a very serious matter…Therefore, before we take a decision, we expect a proper response from the State and SEC…Nodal officers appointed by the State shall send reports on ground reality in their district.”

Case: Suvendu Adhikari v State of WB & other connected petitions

Coram: Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya