Supreme Court Asks BJP To Approach High Court To Seek Central Forces For Kolkata Municipal Elections

The Supreme Court on Monday refused to entertain a petition filed by Bharathiya Janata Party seeking deployment of Central Forces for the Kolkata Municipal Elections, by asking the party to approach the Calcutta High Court for such 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 told Senior Advocate Maninder Singh, who was appearing for the BJP.Singh submitted that there were widespread threats of violence and the BJP candidates were being threatened to withdraw from the contest. "From 2nd Dec, candidates were threatened. No FIR has been registered", the senior counsel submitted."Why 32? You can go to HC...The Problem is if we start taking this on 32 there would be no end", Justice Rao observed.Following this, Singh sought permission to withdraw the petition with liberty to approach the High Court. Accordingly, the petition was withdrawn with liberty to approach the High Court. The petition filed by Bhartiya Janta Party through Dr. Sukanta Majumdar, Member of Parliament and State President of Bhartiya Janta Party (West Bengal), has submitted that after BJP nominated and finalised the candidates for Kolkata Municipal Corporation elections, they have been receiving threats from the ruling Trinamool Congress party members and are being pressurised to withdraw their candidature.The Petitioner has argued that these threats and violence "cast grave infractions on the constitutional mandate of conducting free, fair and democratic election".The plea had made the following prayers :Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to discharge their constitutional and statutory duty by ensuring maintenance of peace, security and safety in areas where the municipal elections are to be conducted.Directions to provide an action plan laying out the measures being taken by them to ensure no pre-poll or post-poll violence erupts.Directions to the Union of India to dispatch Central Police Forces to aid and assist the West Bengal State Election Commission, in holding free and fair elections. Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to provide adequate security to the candidates so they can participate and campaign and stand for elections as candidates from their respective constituencies.Directions to ensure that quick and effective action is taken with regards to the complaints filed by the candidates of the BJP regarding the threats they are receiving from members of other parties.Directions to place on record the comprehensive action plan to combat instances of pre and post-poll violence.Click Here To Read/Download Order

Supreme Court Asks BJP To Approach High Court To Seek Central Forces For Kolkata Municipal Elections

Sohini Chowdhury

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