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Bring adequate central forces, no less than what you asked for during 2013 rural polls: Calcutta HC tells SEC

Exasperation over functioning of SEC was made by the division bench of Chief Justice TS Sivagnanam and Justice Uday Kumar

Sougata Mukhopadhyay Calcutta Published 21.06.23, 09:49 PM
Calcutta High Court.

Calcutta High Court. File Photo

Expressing deep disappointment against West Bengal State Election Commission’s decision to deploy only 22 companies of central forces for the upcoming state panchayat polls which it found grossly “inadequate”, the Calcutta High Court directed the Commission to requisition “adequate” central forces in the state within the next 24 hours.

The exasperation over the functioning of the SEC, headed by its newly-appointed Commissioner Rajiva Sinha, with regard to its attitude in implementing court orders for smooth conduct of the rural body polls was made by the division bench of Chief Justice TS Sivagnanam and Justice Uday Kumar. The bench was hearing a contempt petition moved against the Commission by the state Leader of Opposition Suvendu Adhikari who alleged that the statutory body was dragging its feet over implementing the court order to deploy central forces across the state for the entire period of polls.

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While the bench stopped short of specifying the exact amount of forces it would consider “adequate”, the court observed that it expects the Commission to deploy more central forces than what it did during the 2013 panchayat elections. The advice to deploy additional forces over the 2013 figure was given on grounds that the number of voters and districts in Bengal have both gone up in the last decade.

In 2013, the commission had deployed 825 companies of central forces for conducting the rural body polls. Roughly speaking, it meant over 80,000 central force personnel were deployed across the state that year compared to the 1700-odd jawans which the seemingly reluctant Commission has asked for now after the Supreme Court refused to intervene in the High Court order to deploy forces across the state. Also, the polls were held over five phases in 2013 compared to a single-phase poll this time which logically translates into a requirement of more forces for thorough booth management.

“We had left it to the Commission to determine the exact number of forces it would call for since that’s not the job of this court. Prima facie it appears that the 22 Coys which have requisitioned are inadequate to conduct free and fair polls. The court expects the SEC to conduct its assessment of the ground situation in an objective and honest manner. It is not clear why the Commission is not taking decisions independently,” the bench observed.

“It’s a very sorry state of affairs. Should we doubt the impartiality of the commission in conducting these polls? You are a neutral body, you need not walk any dotted line. We reposed great faith in the SEC and that is why we said that the ultimate decision must lie with the SEC. It did not act based on our confidence, so another order had to be passed. Court shouldn’t lose faith in the system, but if ultimately people are starting to lose faith, then what is the purpose of conducting elections?” the bench sounded despondent.

Flaying the newly-appointed commissioner, the High Court stated: “You have gone to the highest Court, now accept their judgment. If it is difficult for the Commissioner to take orders, he can step down and the Governor may appoint someone else.”

Taking note of the absence of Commission’s representatives in court the Bench observed: “Even earlier there was no representation from the Commission, If they are so busy they better wind up their business. If they are not in a position to, then leave it to us, we will handle.”

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