Violence During WB Municipal Polls: Calcutta HC Orders Preservation Of CCTV Footage, Seeks Response From SEC, State Govt

The Calcutta High Court on Wednesday sought response from the State Election Commission (SEC) and the State government in a batch of petitions alleging that large scale violence and rigging of votes took place during the recently conducted municipal elections in West Bengal. The petitions also sought for deployment of central forces for the remaining 108 municipalities which is scheduled to take place on February 27.Elections to four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore took place on February 12. 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 Rajarshi Bharadwaj directed the State Election Commission and the State government to file their affidavits-in-opposition within 3 days. Furthermore, the Court directed the State Election Commission to preserve all CCTV footage and the diaries of presiding officers and registers containing the thumb impression/signature of voters of all polling booths with immediate effect in furtherance of the Court's earlier directions vide its order dated December 24, 2021. The Bench also extended police protection to an aggrieved petitioner who had allegedly been physically assaulted by members of the ruling party on the day of the polls. The police authorities were also directed to promptly record the concerned complainant's statement under Section 164 CrPC. The matter is slated to be heard next on February 21. Submissions on behalf of the petitioners Senior advocate Ranjit Kumar appearing for BJP leader Pratap Banerjee submitted that although the Court has time and again reposed confidence in the State Election Commission and the State machinery. However, such confidence has been belied since large scale violence took place during the conduct of the municipal polls in the State. Accordingly, a host of directions were prayed for with respect to the elections of the remaining 108 municipalities- deployment of central forces, effective CCTV surveillance, establishment of an independent and impartial Observer, verification of photo identity cards before entry into polling booths, making the State Election Commissioner personally responsible if violence takes place. Additionally, the plea seeks cancellation of the elections that took place on February 12.The senior counsel prayed the Court to pass appropriate orders with respect to the upcoming elections to the remaining 108 municipalities which is scheduled to take place on February 27. It contended further that the intervention of the Court is necessary since 'all confidence and faith has been shaken'. Furthermore, reliance was also placed on the observations of the Bench in its order dated December 17, 2021 with respect to The Kolkata Municipal Elections wherein the Bench had noted, "It cannot be disputed that free and fair election is the backbone of democracy. The forthcoming Kolkata Municipal Corporation Election must be held in a transparent manner in such an atmosphere where voters can vote without fear". In this regard, the senior counsel remarked further, "We are expressing the same fear today". The senior counsel further referred to the order dated December 24, 2021 wherein the Court had directed the State Election Commission to to preserve CCTV footage of all polling stations of Kolkata Municipal Corporation Elections held on December 19, 2021. The State Election Commission had also been directed to preserve the diaries of the presiding officer and register containing the thumb impression/signature of voters of all the polling booths in a sealed cover with immediate effect. Thus, it was further submitted that the Court was aware that violence had erupted during the Kolkata municipal polls despite assurance given by the State Election Commission. Referring to the order of the Court pertaining to the Bidhannagar Municipal elections, the senior counsel argued that since these are not 'normal circumstances' considering the large scale violence that took place, reliance placed by the State Election Commission on the judgment of Basabi Raichoudhury v. State of West Bengal to contend that Court's interference should be limited is completely unfounded. Furthermore, referring to the directions issued by the Court in its order pertaining to the deployment of central forces during the Bidhannagar municipal polls, the senior counsel submitted that despite the Court's directions the State Election Commission had neither done a reappraisal of the situation nor were they successful in containing the violence. Pertinently, reference was made to a communication issued by the State Election Commission wherein the Commission had allegedly permitted implementation of various State government schemes such as "Duare Sarkar" (government at doorsteps) and "Paray Samadhan" (resolve issues at locality) in the municipalities wherein...

Violence During WB Municipal Polls: Calcutta HC Orders Preservation Of CCTV Footage, Seeks Response From SEC, State Govt

Aaratrika Bhaumik

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