Odisha Assembly Elections| Orissa HC Dismisses MLA’s Plea For CAPF Deployment & CCTV Surveillance At Voting Booth
The Orissa High Court dismissed a petition filed by an MLA requesting adequate Central Armed Police Force and CCTV surveillance at a voting booth for the upcoming phase of the Odisha Legislative Assembly elections.
The Bench noted that the General Election to the Legislative Assembly of Odisha in 2024 was planned to be held in four phases. With three phases already completed, the fourth phase is scheduled for June 1, 2024, covering 42 Assembly constituencies and six Lok Sabha constituencies across 12 police districts. The Court further observed that personnel, including the Central Armed Police Force (CAPF) and Odisha Armed Police, were already deployed, and under extensive security arrangements, the election had been conducted smoothly and peacefully so far.
A Division Bench of Justice S.K.Sahoo and Justice Sanjay Kumar Mishra observed, “Though some of the polling booths of some Assembly as well as Lok Sabha constituencies have been identified as sensitive, but it is reported that adequate precautions including security arrangement, are being done for peaceful election in those booths. Web casting arrangement has also been done and observers have also been deployed in identified booths for ensuring free, fair and transparent election.”
Advocate D.K. Ray represented the petitioner, while Addl. GA A.K. Nanda appeared for the respondents.
The petitioner sought directives for the deployment of CAPF and CCTV surveillance at sensitive polling booths in Dharmasala Assembly constituencies to ensure a free and fair election.
The Court stated that the purity of elections was fundamental for a democracy since free and fair election was a basic structure of the Constitution. It was reiterated that the High Court's jurisdiction under Article 226 of the Constitution could be invoked if the State Election Commission failed to uphold its constitutional obligations.
“The Constitutional Courts of this nation work as the sentinel on the qui vive enormous power to the fundamental rights of the citizens or when the damocles sword hangs over the basic Constitution. Needless to say, the High Court under 226 of the Constitution of India can be invoked where the State Election Commission fails to discharge its constitutional obligation to hold free and fair election,” the Court noted.
Consequently, the Cout held that, “the Court cannot exercise its jurisdiction in vacuum and there must be some reasonable apprehension of threat wh brought on record so as to convince this Court to invoke its extraordinary jurisdiction. cogent material on record in both the writ petitions part to tread on.”
Accordingly, the High Court disposed of the petition.
Cause Title: Sujit Kumar Mallick v. State Of Odisha & Ors. (Neutral Citation: 2024:DHC:4544)
Appearance:
Petitioner: Advocate D.K. Ray
Opposite Parties: Addl. GA A.K. Nanda
