WB Panchayat Polls: Calcutta HC Orders SEC To Deploy Over 82,000 Central Forces Personnel Within 24 Hrs
|The Calcutta High Court yesterday directed the State Election Commission (SEC) to deploy over 82,000 central forces personnel for West Bengal Panchayat Elections within 24 hours on a plea filed by the Leader of Opposition Suvendu Adhikari.
A Division Bench comprising Chief Justice T.S. Sivagnanam and Justice Uday Kumar observed, “The State Election Commission shall within 24 hours requisition sufficient number of Central Forces to be deployed to all the Districts and the number of Companies/Battalion which are to be requisitioned shall be not less than the forces which was requisitioned for the 2013 Election and it has to be definitely more than the same as the number of Districts have increased and the Electorate would have definitely increased between 2013 and 2023, in these ten years.”
The Bench further said that it expects the SEC to take note of its direction in a proper and effective manner and that it hopes that the direction will be complied with in its letter and spirit.
“… any attempt to make the order unworkable may result in adverse consequences”, warned the Court.
Advocates Soumya Majumder and Srijib Chakraborty represented the petitioners while Senior Advocates Jishnu Saha, Kishore Datta, and Abhijit Mitra represented the SEC.
In this case, a contempt plea was filed alleging wilful disobedience of the order and direction passed by the High Court dated June 15, 2023. There was a specific direction issued to the SEC for the requisition of deployment of Central Forces to all districts in the State to be complied within 48 hours.
The SEC as well as the State of West Bengal had filed a Special Leave Petition (SLP) before the Supreme Court against the orders passed by the High Court dated June 13 and 15. The Apex Court by an elaborate order dated June 20 had dismissed the said SLP.
The High Court after hearing the arguments of the counsel for the parties noted, “… we have no hesitation in our mind to hold that the order and direction has not been complied with in its letter and spirit. We fail to understand as to why the State Election Commission is still not taking any independent decision in the matter and the learned senior counsel for the State Election Commission on instruction stated that the Election Commission will abide by the directions issued by this Court.”
The Court said that it is at a loss to understand what has happened to the independency and supremacy of the SEC during the ensuing election.
“It is submitted by the learned advocate for the petitioners that one Company consists of 80 active persons and the total number of such personnel of the Central Force would be 1700, which in our view is thoroughly inadequate. We are justified in taking such stand in the light of the requisition which was made for deployment of Central Forces during the Panchayat Elections conducted in the State of West Bengal in 2013”, also noted the Court.
The Court further said that if the SEC is not proactive and not inclined to implement the order passed by it, then the same is attempting to make the orders unworkable to which they are not entitled, more particularly, when the Supreme Court had affirmed the order.
“… there has been deliberate violation of the order and direction which was directed to be complied with in its letter and spirit. …. Therefore, de hors the number of Police Forces which may have been requisitioned from other States, the State Election Commission shall independently assess the requirement and as observed earlier the assessment should be honest and bearing in mind that the State Election Commission has constitutional obligation to ensure free and fair election and to preserve the purity of the entire Election Process. We hope and trust that the directions be complied with effectively and immediately without loss of time.”, observed the Court.
Accordingly, the Court listed the matter on June 23 for further consideration.
Cause Title- Suvendu Adhikari & Anr v. Rajiva Sinha