Calcutta High Court Reserves Judgment In Plea Seeking Deployment Of Central Forces For Bidhannagar Municipal Polls

The Calcutta High Court on Wednesday reserved judgment in a batch of PILs seeking deployment of central parliamentary forces for the upcoming elections to the Bidhannagar Municipal Corporation. Elections to four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore are scheduled to take place on February 12, 2022 and the results for the four civic bodies will be declared on February 14. Polls to these four municipal corporations were postponed at the instructions of the High Court considering the spike in COVID-19 infections a couple of weeks ago.A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj observant pursuant to the submissions by the concerned parties, "We will consider and pass the order. It will be uploaded on the website"It may be noted that the High Court in December 2021 had dismissed an appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation Elections took place on December 19. The Supreme Court had earlier refused to entertain such a plea by the BJP seeking deployment of Central Forces for the Kolkata Municipal Elections, by asking the party to approach the Calcutta High Court for such a relief. "We cannot take decisions with respect to the requirement of Central force. High Court will be in a better position to know the situation", the bench comprising Justices L Nagesara Rao and BR Gavai of the Supreme Court had told Senior Advocate Maninder Singh, who was appearing for the BJP.Submissions on behalf of the petitioners Senior advocate Pinky Anand appearing for one of the petitioners submitted that it is imperative that central parliamentary forces are deployed during the upcoming elections for the Bidhannagar Municipal Corporation considering the ongoing political violence. She brought to the attention of the Court various incidents of violence allegedly carried out by members of the ruling political party. The senior counsel further submitted that BJP party workers are constantly facing threats, intimidation by members of the Trinamool Congress party which is posing a threat to their life and security. Various complaints lodged by BJP party workers were also referred to wherein it was alleged that ruling party workers had vandalised, mutilated hoardings and banners and had also assaulted female BJP party workers. It was further submitted that the Bidhannagar Municipal Corporation has a history of experiencing chaos, bloodshed and other forms of violence during elections and thus it is important that central forces are deployed. The senior counsel further submitted that back in 2015 when the State police was responsible for conducting the municipal elections for the Bidhannagar Municipal Corporation, there had been large scale violence. However, in 2016 when central forces were deployed during municipal elections in Bidhannagar, no such violence had taken place. Similarly, in 2021 when central forces had been deployed, no such political violence had taken place, it was contended further. Apart from the prayer for deployment of central forces, the senior counsel further implored the Court to issue directions for holding simultaneous counting of votes for both the phases of the upcoming municipal polls in order to ensure that no unfair advantage ensues. The Court was informed that the counting of votes for the first phase of municipal elections i.e. for four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore has been notified to take place on February 14. Whereas the Court was apprised that no date for counting of votes had been notified for the elections to the remaining 108 municipalities which is scheduled to take place on February 27. The Court was further apprised that vide a notification dated April 15, 2021, the Election Commission of India (ECI) had revised its rules for polling agents, allowing a party to nominate an agent for any booth within the Assembly segment where the person is a voter. However, senior counsel Anand submitted that the State Election Commission had refused to abide by this regulation as it has permitted the appointment of a polling agent who is a voter of the booth or an adjoining booth that he/she is working at. It was argued that if polling agents hail from the same polling area then there will be a possibility of undue influence. At this point, the Chief Justice enquired, "Whether the Court or the State Election Commission, the primary responsibility rests with whom for deployment of central forces?" In response senior counsel Anand submitted that the State Election Commission is ideally supposed to take all necessary steps for deployment of central forces, however if the State Election Commission refuses to do so then the Court can issue such a direction by exercising its equity jurisdiction under...

Calcutta High Court Reserves Judgment In Plea Seeking Deployment Of Central Forces For Bidhannagar Municipal Polls

Aaratrika Bhaumik

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Calcutta High Court Reserves Judgment In Plea Seeking Deployment Of Central Forces For Bidhannagar Municipal Polls

Aaratrika Bhaumik

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