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Calcutta High Court orders deployment of central forces for Bengal panchayat polls

The bench held that district magistrates would assess the situation and place a demand to deploy central forces in seven 'sensitive' districts

Tapas Ghosh Calcutta Published 14.06.23, 04:46 AM
Calcutta High Court.

Calcutta High Court. File picture

Calcutta High Court on Tuesday ruled in favour of deploying central forces for the panchayat polls in Bengal, particularly in seven districts identified as sensitive by the state poll panel.

The court, however, refused to direct the state poll panel to extend the June 15 deadline for filing nominations for the July 8 polls.

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While delivering the verdict on cases filed by Suvendu Adhikari, the leader of the Opposition in the Assembly, and Adhir Chowdhury, state Congress president, the division bench headed by Chief Justice T.S. Sivagnanam held that district magistrates would assess the situation and place a demand to deploy central forces in seven districts.

The order, uploaded on the high court website, however, did not name the seven districts.

The order stated: "...the State Election Commission shall forthwith send requisition of the deployment for the Central forces at the first instance for all the areas/ districts which in the opinion of the State Election Commission have been declared as sensitive. Thereafter the State Election Commission shall review the assessment plan submitted by the state."

Sources in the state poll panel said that the high court's reference to "sensitive" areas/districts, was based on the state poll panel's report on 349 sensitive booths, spread across Jalpaiguri, Malda, Murshidabad, Birbhum, East Midnapore, South and North 24-Parganas districts.

Though the court's verdict in favour of the deployment of central forces, a main demand of the Opposition parties, brought cheer in the BJP and the CPM camps, the bench also decided not to interfere in other poll-related matters.

The salient features of Tuesday's verdict:

1. For the sake of free and fair polls, the state poll panel should take the assistance of the central forces. In this connection, the division bench directed the central government to provide the forces as demanded by the state at the Centre's cost.

2. The state poll panel should take all possible steps to make the election process free of violence.

3. On matters related to the election schedule (date for filing of nomination papers, scrutiny of the nomination papers, polling and counting dates), the decision of the state poll panel would be final.

In this context, the bench mentioned a ruling of a five-judge bench of the Supreme Court that held that decisions by the election commissions between the declaration of poll dates and the counting of votes were final.

4. Closed-circuit cameras fitted at the polling booths should have links with local police stations and there should be a connection between police stations and state poll panel headquarters so that the officials of the latter can monitor the situation closely and take proper actions as required.

5. The state poll panel should avoid appointing contractual employees on poll duty. If the situation demands, they can be used as third officers but not as presiding or polling officers.

6. Civic police cannot be used in any poll-related duties.

7. Safety and security of polling officers and other persons engaged in poll duties have to be ensured by the state poll panel.

8. The state poll panel will be held responsible for any untoward incident during the election.

While pronouncing the verdict, the Chief Justice mentioned the apprehensions in points that the BJP and the Congress petitioners had cited in their pleas.

But finally, the bench said it had confidence in the state poll panel.

With its verdict, the bench virtually put a seal of approval on the state poll panel's June 9 notification, said a high court source.

"Our main demand was the deployment of the central forces and we achieved it," the BJP counsel Lokenath Chatterjee said after the verdict.

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