Deploy Central Forces to All Sensitive Areas, Says Calcutta High Court

The Kolkata High Court on Tuesday ordered the seizure and deployment of central forces to all districts declared sensitive by the State Election Commission for the West Bengal panchayat elections scheduled for July 8.

A bench chaired by Chief Justice TS Sivagnanam directed the SEC to request the central forces to work alongside the West Bengal Police Force for the rural elections. “The State Election Commission shall review the evaluation plan submitted by the State, and where there is inadequacy of the State Police Force in all such areas, the State Election Commission shall request the deployment of paramilitary forces. Such request shall be made immediately by the State Election Commission , and on receiving it, the proper authority of the Central Government shall deploy the required force without wasting time. In view of the facts and circumstances, we are of the opinion that the charges against such deployment shall be borne by the Central Government and no part thereof shall be borne by the State of West Bengal,” the Court said.

The court also left it to the SEC’s discretion to receive an invitation to extend the time for filing nominations, declining to consider Prayer in this regard. The Supreme Court indicated that it is not possible to consider prayers for extending the date for submitting nominations, the last of which is on June 15. The arbitral tribunal, which also includes Justice Hiranmayi Bhattacharya, said the discretion to extend the time rests entirely with the SEC, and it is competent to make a decision on the matter.

This is what the court said:

• The state election commission’s June 9 notification remains the same.
• The Court did not increase the time granted for filing nominations.
• The court said the extension of the nomination date would be decided by the state election commission.
• As per the rules of the panchayat, the controller will be appointed by the Securities and Exchange Commission.
• Central forces will be in seven sensitive areas, including Murshidabad, Jalpaiguri, East Medinipur, Hooghly, South 24 Parganas, part of North 24 Parganas and Beerbhum. The center shall provide support free of charge.
• Whenever there is a condition, the SEC can give a request to the center and the center must give the state
• Not to post any retired judge as an observer.
• Your online nomination resume has been rejected.
• The court says free and fair elections are the responsibility of the SEC.
• Surveillance cameras must be installed in all kiosks.
• In places where surveillance cameras cannot be installed, videotaping is required.
• All footage must be archived.

For the safety of the survey personnel

The court order states, “In all counties designated by the Commission as sensitive, we have directed the seizure of paramilitary force and with an assessment being made in relation to other districts, where violence is expected, the Commission has been directed to forfeit the required paramilitary forces and combined with directing to provide them at the expense of Central government. We are of the opinion that the said direction will adequately protect the interests of the polling officer and polling staff. It goes without saying that the State Election Commission takes all steps to ensure the safety and security of polling officers and polling staff.”

“There will be a directive to the commission to ensure the safety and security of the lives and security of poll workers and poll workers, and in the event of any complaint being brought to the commission, prompt action will be taken and persons who are indulging in violence shall be dealt with severely. This direction shall be adhered to in letter and spirit leaving no room for complacency.”

With PTI input