WB Municipal Polls : State Election Commission Submits Election Schedule To Calcutta High Court

The Calcutta High Court on Thursday was informed by senior advocate Jayanta Mitra appearing for the State Election Commission that the first phase of the remaining municipal polls would be held on January 22, 2022 and would include municipal bodies of Howrah, Chandannagar, Bidhannagar, Asansol and Siliguri. Furthermore, the Court was apprised that the second phase of municipal polls would take place on February 27, 2022 for the remaining 119 municipal bodies. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj was adjudicating upon a petition moved by BJP State vice-president Pratap Banerjee seeking direction to the West Bengal government and the State Election Commission (SEC) to hold municipal polls in the State in one phase. The Bench vide its earlier order had directed the State Election Commission to disclose the tentative time schedule for conducting the election of all the Municipal Corporations/Municipalities in the State in a phase manner. However, the Bench had declined BJP's plea to stay the Kolkata Municipal polls. The Kolkata Municipal Corporation election was conducted on December 19.On Thursday, the Bench took on record a letter issued by the Additional Secretary to the Government of West Bengal addressed to the Secretary of the State Election Commission containing the proposed dates for conducting elections to the remaining municipal bodies. The Advocate General S.N Mookerjee further brought to the notice of the Bench that a Bill had been passed in the West Bengal assembly recently amending the Howrah Municipal Corporation (HMC) Act to separate Bally Municipality which was a part of the corporation since 2015. In this regard, the AG stated that they had proceeded on the assumption that the Bill would receive the assent of the Governor and accordingly separate dates had been declared for conducting polls of Howrah and Bally municipal bodies. To this, the Chief Justice enquired, "If assent of Governor is not received, then in the first phase Howrah will be excluded?". The AG responded in the affirmative. Pursuant to the submissions of the parties, the Chief Justice remarked, "We will not be closing the petition, we will upload the order in a day or two on the website". He further stated that the Bench will not be assembling for the issuance of the order due to the upcoming vacation. Accordingly, the matter has been listed for further hearing on January 6. Courtroom exchange Senior advocate Pinky Anand appearing for the petitioner apprised the Bench that large-scale violence had taken place during the Kolkata Municipal elections that took place on Sunday. She further stated that although the High Court vide its earlier order had directed the West Bengal State Election Commission to install close circuit television (CCTV) cameras in all the main and auxiliary polling booths, such an order had not been complied with. She further submitted that CCTV cameras installed were not functional in the polling booths. Senior counsel Anand also made a reference to the incident wherein BJP MLA and Leader of the Opposition Suvendu Adhikari had allegedly been surrounded by State police forces outside his office on Sunday. The senior counsel also relied on a newspaper report of Anandabazar Patrika wherein it had been allegedly stated that the CCTV cameras installed were facing either facing the sky or the floor without focusing on the premises of the election booth. Accordingly, the senior counsel prayed for the deployment of central forces while conducting elections to the remaining municipal bodies. "There is enough violence to demonstrate the requirement of central paramilitary forces", senior counsel Anand remarked further. To this, the Chief Justice directed the senior counsel to file an English-translated version of the concerned media report. Another counsel appearing for a candidate who had allegedly been subjected to violence prayed before the Court that all CCTV cameras installed must be preserved and produced before the Court for audit. The Court was further apprised that in many cases offices of opposing political parties had been captured. Accordingly, the Court was implored to direct the State Election Commission to also preserve the EVM machines. In this regard, the Chief Justice enquired, "What can be the independent agency to conduct CCTV audit?" In response, the counsel responded that it could be a Court-monitored investigation and that the Central Forensic Science Laboratory (CFSL) could carry out the CCTV audit. The Court was further apprised that contrary to the law laid down by the Supreme Court in the case of People's Union for Civil Liberties & Anr v. Union of India none of the EVM machines had the option of 'None of the Above" (NOTA) so that the voters who come to the polling booth and decide not to vote for any of the candidates, are able to exercise their right not to vote while maintaining their right of secrecy. Furthermore, it was also prayed...

WB Municipal Polls : State Election Commission Submits Election Schedule To Calcutta High Court

Aaratrika Bhaumik

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