The Bengal BJP on Monday sprang to a gallant defence of the Election Commission of India — which had not yet defended itself — in the wake of scathing criticism in a Madras High Court observation about the Covid-19 second wave.

The high court had slammed the EC for allowing political rallies amid the deadly second wave of Covid-19, holding the poll panel “singularly responsible” for the increasing numbers of infections across the country. The court observed that poll panel officials should be booked on “murder charges, probably”.

In response, Bengal BJP chief spokesperson Samik Bhattacharya did a U-turn of his normal non-controversial style to issue a statement alleging a “conspiracy” and accusing the high court of echoing the Trinamul Congress. He lamented how the Indian judiciary was “tainted” and demanded investigation.

“Is there an election ongoing in Brazil? In Germany? In Holland? In London? In Maharashtra? In Punjab? In Haryana? In Jharkhand?” asked Bhattacharya, questioning the timing of the observation by Chief Justice Sanjib Banerjee of Madras High Court.

“I’m saying this with full respect for the judiciary, this statement has tainted the entire judicial system. What the Trinamul Congress says in Bengal and what Madras High Court has said in its statement are almost set to the same tune. There must be an investigation into it,” said the BJP’s Rajarhat-Gopalpur candidate.

“The judiciary has been set up for the people, courts have been set up for the people. Not the other way round. The place of democracy is the highest. Everywhere democracy will win,” said Bhattacharya.

“The second wave… whatever artificial little crisis there is, is thanks to sections with vested interests, whom the incapable state government has not been able to act against…. That is being misutilised for the sake of petty politics amid ongoing elections,” he added.

“What the court has said is extremely disheartening.... This is a conspiracy. I think the Supreme Court, if need be, will take suo motu action against this conspiracy.”

Sections within the BJP state unit admitted in private that such a reaction from the party in defence of the poll panel, at a time it has repeatedly been accused of colluding with the party, was perhaps best avoided.

“With such reactions, we are only legitimising Mamata Banerjee’s allegations against the commission of being hand in glove with us,” said a state BJP functionary.

Other BJP sources said Bhattacharya was following orders from “the very top”.

They said the party’s stand was based on a Supreme Court judgment of 1954, where it purportedly said only an election tribunal and no other court — including the Supreme Court itself — could decide on disputes regarding elections to the Parliament or state legislatures.

BJP chief J.P. Nadda, in Bengal for campaigning on Monday, indirectly urged the court to “keep in mind the dignity of sentences and words”.
“This isn’t an order, I believe this is an observation… a comment that they’ve made,” said Nadda.

“This is a constitutional obligation (conducting the polls) which the EC has to fulfill, and they are doing so,” he added. “...I have only one request… be it any institution, or the people sitting in that institution… they should keep in mind the dignity of sentences and words….”
Bengal chief minister Mamata Banerjee, who has been accusing the EC of having worsened the pandemic here with eight-phase elections, welcomed the observation.

“First of all, I would like to welcome the Madras High Court’s observation. Madras High Court has very clearly said the Election Commission cannot avoid its responsibilities…. We had also repeatedly said so,” Mamata said.

“We saw the Covid-19 spike from the third phase (of polls), we kept urging the commission to club the remaining phases. The commission kept refusing (as did the BJP)…. The second wave’s proportions are all because of the Prime Minister and the Union home minister’s desperation to conquer Bengal… coupled with the commission’s refusal to do the needful despite the alarm bells,” she added.