Breaking: Bengal Panchayat Election Results Will Be Subject To Outcome Of Writ Petitions Seeking Repolling: Calcutta HC

The Calcutta High Court today ordered that the election results declared in the West Bengal Panchayat Elections will be subject to final orders to be passed by the High Court in a batch of writ petitions filed by Opposition Leader and BJP leader Suvendu Adhikari and others seeking repolling in around six thousand booths. Directions have also been sought for CBI inquiry into electoral malpractices and forensic audit of CCTV footage and ballot papers. The matters will be further considered on 18 July. The Court directed the SEC to inform the same to all candidates who have been declared elected.

The ruling Trinamool Congress swept the elections that saw large-scale violence that led to the death of more than fifteen persons.

The Bench of Chief Justice TS Sivagnaman and Justice Hiranmay Bhattacharyya said in its order that the response from the State Election Commission (SEC) was not adequate. "Even today there is not a single officer of the SEC present in Court to give necessary instructions to the standing counsel. It is not clear as to why the EC is not proactive, especially when the Court had been monitoring the entire process and the first of the Judgment rendered by the Court was on 13.06.2023", the Court said. The Court said that there should have been some basis on which the decision was taken to order repoll in 698 booths. The Court directed the SEC to respond to representation to hold repolling in more booths.

"The Court is surprised to note that even after declaration of results, the state is not able to control the violence which has erupted in several places", the Court said in its order. "If the state government is not in a position to safeguard its citizens, then it is a very serious matter to be taken note of", the Court said.

"This Court has been monitoring the entire process. After the dismissal of the SLPs filed by the SEC and the state government challenging the orders passed by this Court on 13.06.2023 and 15.06.2023, the Court had been passing other orders supplementing the directions passed in the two earlier orders. This was made clear in the orders which were passed in the other matters. Therefore, when the Court is seized of the matter, it goes without saying that whatever has been done thus far, that is the conduct of the elections and the declaration of the results will be subject to the ultimate orders that will be passed in these writ petitions. This aspect should be made known by the SEC to all the candidates who have been declared elected and informed that their declaration of having been elected shall be subject to further orders to be passed by this Court in these writ petitions and the connected matters", the Court said in its order.

During the hearing, it was submitted by Senior Advocate Guru Krishnakumar appearing for the Petitioner that the democratic process is being undermined in the state. He submitted that 17 people have been killed in violence relating to elections. He submitted that ballot papers have been tampered with. He submitted that there is a photograph showing a person urinating on the ballot box, "this is defiling the democratic process beyond imagination", he submitted. He submitted that SEC must answer on the deployment of central forces.

The Senior Advocate submitted that the SEC has ordered re-election in 600 or 700 booths. He submitted that repolling is required in at least 6000 booths. It was submitted that in cases where booth capturing and murder happened, there is no repolling and that repolling has been ordered in some places where it is not warranted.

The Court asked whether the 6000 booths where Petitioner is demanding repolling have been identified and the Petitioner answered in affirmative and added that compilation of the list is not complete due to ongoing violence.

The Court then permitted the playing of videos relating to violence in open Court.

The Senior Advocate submitted that all the instances of violence need to be enquired by an outside agency. He also submitted that SEC should report on what steps it took and that repoll should be considered since fair polling has not happened in many places. He submitted that the declaration of results should not become fait accompli.

A lawyer-Petitioner who appeared in person also highlighted instances of violence and interference in the polling process. "If you have lost election, you can't go back to your house. They attack your house, they take over possession of your house, your shops are destroyed, you have to flee from that village and cannot enter back", she submitted. She submitted that such people should be able to come back home. "We give up our right to vote. We will not vote. With folded hands we say, we will not vote. But please allow us to live", she submitted.

Senior Advocate Guru Krishnakumar submitted that the State Election Commissioner should take personal responsibility and that merely filing a report will not suffice and that he should be called to answer the Court.

The Court then asked the Senior Advocate appearing on behalf of the SEC as to the basis on which they have decided to hold repolling in 698 booths. "We had passed some orders. Did that orders have any effect?", the Chief Justice asked. The SEC submitted that the entire central forces did not reach by the polling day.

A lawyer submitted that central forces were made to sit in the strong room without deployment and that public money was thus wasted.

The Chief Justice said that the order for deployment was not appealed against and it should have been implemented. "It is a very sad state of affairs", the CJ said.

"State is not able to control law and order. They say people went on rampage, state policeman is injured", the CJ said. The CJ expressed displeasure over the absence of any officer from the SEC in the Court.

The Deputy Solicitor General submitted that he will file a report regarding the non-corporation of the SEC for proper deployment of central forces.

The matters will be heard again on July 18.