WB Municipal Polls : State Election Commission Submits Election Schedule To Calcutta High Court

The Calcutta High Court on Thursday was informed by senior advocate Jayanta Mitra appearing for the State Election Commission that the first phase of the remaining municipal polls would be held on January 22, 2022 and would include municipal bodies of Howrah, Chandannagar, Bidhannagar, Asansol and Siliguri. Furthermore, the Court was apprised that the second phase of municipal polls would take place on February 27, 2022 for the remaining 119 municipal bodies. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj was adjudicating upon a petition moved by BJP State vice-president Pratap Banerjee seeking direction to the West Bengal government and the State Election Commission (SEC) to hold municipal polls in the State in one phase. The Bench vide its earlier order had directed the State Election Commission to disclose the tentative time schedule for conducting the election of all the Municipal Corporations/Municipalities in the State in a phase manner. However, the Bench had declined BJP's plea to stay the Kolkata Municipal polls. The Kolkata Municipal Corporation election was conducted on December 19.

On Thursday, the Bench took on record a letter issued by the Additional Secretary to the Government of West Bengal addressed to the Secretary of the State Election Commission containing the proposed dates for conducting elections to the remaining municipal bodies. The Advocate General S.N Mookerjee further brought to the notice of the Bench that a Bill had been passed in the West Bengal assembly recently amending the Howrah Municipal Corporation (HMC) Act to separate Bally Municipality which was a part of the corporation since 2015. In this regard, the AG stated that they had proceeded on the assumption that the Bill would receive the assent of the Governor and accordingly separate dates had been declared for conducting polls of Howrah and Bally municipal bodies.  

To this, the Chief Justice enquired, "If assent of Governor is not received, then in the first phase Howrah will be excluded?". The AG responded in the affirmative. 

Pursuant to the submissions of the parties, the Chief Justice remarked, "We will not be closing the petition, we will upload the order in a day or two on the website". He further stated that the Bench will not be assembling for the issuance of the order due to the upcoming vacation.  Accordingly, the matter has been listed for further hearing on January 6. 

Courtroom exchange 

Senior advocate Pinky Anand appearing for the petitioner apprised the Bench that large-scale violence had taken place during the Kolkata Municipal elections that took place on Sunday. She further stated that although the High Court vide its earlier order had directed the West Bengal State Election Commission to install close circuit television (CCTV) cameras in all the main and auxiliary polling booths, such an order had not been complied with. She further submitted that CCTV cameras installed were not functional in the polling booths. 

Senior counsel Anand also made a reference to the incident wherein BJP MLA and Leader of the Opposition Suvendu Adhikari had allegedly been surrounded by State police forces outside his office on Sunday. The senior counsel also relied on a newspaper report of Anandabazar Patrika wherein it had been allegedly stated that the CCTV cameras installed were facing either facing the sky or the floor without focusing on the premises of the election booth. Accordingly, the senior counsel prayed for the deployment of central forces while conducting elections to the remaining municipal bodies. 

"There is enough violence to demonstrate the requirement of central paramilitary forces", senior counsel Anand remarked further.  To this, the Chief Justice directed the senior counsel to file an English-translated version of the concerned media report. 

Another counsel appearing for a candidate who had allegedly been subjected to violence prayed before the Court that all CCTV cameras installed must be preserved and produced before the Court for audit. The Court was further apprised that in many cases offices of opposing political parties had been captured. Accordingly, the Court was implored to direct the State Election Commission to also preserve the EVM machines. 

In this regard, the Chief Justice enquired, "What can be the independent agency to conduct CCTV audit?" In response, the counsel responded that it could be a Court-monitored investigation and that the Central Forensic Science Laboratory (CFSL) could carry out the CCTV audit. 

The Court was further apprised that contrary to the law laid down by the Supreme Court in the case of People's Union for Civil Liberties & Anr v. Union of India none of the EVM machines had the option of 'None of the Above" (NOTA) so that the voters who come to the polling booth and decide not to vote for any of the candidates, are able to exercise their right not to vote while maintaining their right of secrecy. Furthermore, it was also prayed before the Court that diaries of polling agents and presiding officers must be preserved in order to file before the Court as evidence. 

"Considering the gravity of the situation, kindly take possession of all CCTV cameras by tomorrow otherwise all evidence will go", it was further submitted to the Bench. 

Furthermore, the Advocate General also informed the Court that CDs have been filed before the Court containing videos taken by drones of the polling booth premises. 

Background

The High Court on Friday had dismissed an appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation election was conducted on December 19. 

Following the dismissal of the appeal, the BJP had moved the Supreme Court on Saturday challenging Calcutta High Court's December 17 order rejecting their plea to deploy Central Forces for conduct of free and fearless municipal elections scheduled on 19 December 2021. According to the petitioner Counsel, the party had sought an urgent listing of the matter on Saturday since polls were scheduled to be held on Sunday. The petitioner had approached the Registrar Judicial and had sought urgent listing before the Judges at their residence.

Earlier, the petitioner had prayed before the Bench to hold an urgent hearing on the matter after claiming that the State government is mulling holding of elections to municipal corporations of Kolkata and Howrah.

In the plea, the petitioner contended that polls for all pending municipalities must be conducted together instead of prioritising only the polls for the Kolkata Municipal Corporation and the Howrah Municipal Corporation. It was further pointed out to the Bench that elections to more than 100 municipal bodies in the State including municipal corporations of Kolkata and Howrah have been due for a long time.

The SEC had submitted an affidavit before the Court last week stating that it wants to hold elections to the municipal corporations of Kolkata and Howrah first as the number of double vaccinated people in these two cities is high. It had further stipulated that elections to other municipal bodies in the State would be held in phases later.

It may be noted that the State Election Commission which conducts municipal and panchayat polls in consultation with the State government has recently accepted the State's proposal to hold civic body elections in Kolkata and Howrah on December 19 and the last date for filing nominations will be on December 1. The counting of votes will take place on December 22. However, no dates have been announced for conduct of polls in other municipal bodies.

Currently, elections are pending in 112 municipalities of the State since 2020. The stipulated five-year term of elected representatives of these municipalities have ended in the last two years, however, polls have not taken place due to the ongoing pandemic. The State government has recently passed a Bill to bifurcate Howrah Municipal Corporation but the Governor has sought clarifications on the legislation.

Case Title: Pratap Banerjee v. State of West Bengal and Ors