BREAKING: WB Municipal Polls: State Election Commissioner To Be Held Personally Liable If Central Forces Not Deployed, Decision To Be Taken In 24 Hrs [Read Order]

The Calcutta High Court on Wednesday directed the State Election Commission (SEC) to hold a joint meeting with the officials of the West Bengal government within 24 hours and decide as to whether deployment of central paramilitary forces will be required for the peaceful conduct of the upcoming elections to the remaining 108 municipalities which is scheduled to take place on February 27.The Court underscored that in the event it is decided that central forces will not be deployed then the State Election Commissioner would be held personally liable to ensure that no violence takes place and there is peaceful conduct of elections. The plea moved by Bhartiya Janata Party (BJP) alleged that large scale violence and rigging of votes took place during the recently conducted municipal elections in West Bengal and accordingly sought for deployment of central forces for the upcoming elections to the remaining 108 municipalities. 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.The Court had reserved judgment in the matter on Monday. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Wednesday directed the State Election Commission to hold a joint meeting with the Home Secretary of the State, Inspector General of Police and other officials within 24 hours and decide as to whether deployment of central paramilitary forces will be required for the peaceful conduct of the upcoming elections to the 108 municipalities. "We direct that the Commissioner, State Election Commission will collect information in respect of the conditions prevailing in each of the Municipalities where the elections are scheduled and will hold the joint meeting with the Home Secretary of the State and the Director General and Inspector General of the Police within 24 hours and will examine the ground situation of each of the 108 Municipalities and take a decision in writing in respect of deployment of paramilitary forces by mentioning the relevant circumstances in support of his decision to deploy/not to deploy the paramilitary forces", the Court directed.Opining that the State Election Commissioner will be personally liable if violence takes place, the Court further ruled, "If the Commissioner, State Election Commission takes the decision not to deploy the paramilitary forces, then he will be personally liable to ensure no violence takes place and free, fair and fearless elections take place in the municipality where paramilitary forces are not"The Court also dismissed the reliance placed by the petitioner on the Supreme Court judgment in All India Trinamool Congress v. State of Tripura wherein the Apex Court had directed for the deployment of Central Armed Police Force(CAPF) personnel for the local body elections in Tripura. The Court stated that in that particular case after considering the ground situation, a decision had already been taken to deploy the paramilitary forces and subsequently the issue was only to provide additional companies of CRPF.However, in the instant case, the Election Commission is yet to take the decision to deploy the paramilitary forces after assessing the ground situation, the Court highlighted further.Names of aggrieved BJP candidates have not been disclosed The Court noted that although it has been alleged that BJP candidates have been prevented from filing their nomination papers however neither the names of those candidates have been disclosed nor have their supporting affidavits been filed. It was further noted that the name of only candidate one Rakesh Majumdar has been disclosed with the allegation that he was not permitted to file his nomination by the concerned authority. However, the Court observed that Majumdar had already filed a writ petition before a Single Bench of this Court which was subsequently dismissed since it involved disputed questions of facts in view of the existing constitutional bar. Conflicting material about alleged violence It was further averred that in respect of the already concluded elections to 4 municipalities, conflicting material has been placed on record about the alleged violence. The Court further stated that even otherwise that material cannot form the basis for issuing direction in respect of remaining 108 Municipalities, as decision for deployment of the paramilitary forces in a particular Municipality is to be taken on the basis of the ground situation existing therein.Appointment of IAS officers as independent observersPertinently, the Court directed the SEC to appoint independent observers as per the provisions of the Model Code of Conduct. The Court observed that given the nature of allegations in the petition, the SEC should appoint impartial officers of the IAS cadre as observers.Use of Mauve Paper...

BREAKING: WB Municipal Polls: State Election Commissioner To Be Held Personally Liable If Central Forces Not Deployed, Decision To Be Taken In 24 Hrs [Read Order]

Aaratrika Bhaumik

Tags