Kolkata Municipal Elections : BJP Moves Supreme Court Alleging Violence By Trinamool Congress Members; Seeks Deployment Of Central Forces

The Bhartiya Janta Party has moved the Supreme Court of India seeking directions to the State Functionaries in West Bengal to produce a comprehensive action plan and deploy sufficient Central Police forces to ensure that free and fair Municipal Elections are held in Kolkata.

A request for urgent listing of the case was made on Tuesday by Senior Advocate Menaka Guruswamy before a Bench comprising Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli. The CJI said that he will look into the matter.

The petition filed by Bhartiya Janta Party through Dr. Sukanta Majumdar, Member of Parliament and State President of Bhartiya Janta Party (West Bengal), has submitted that after BJP nominated and finalised the candidates for Kolkata Municipal Corporation elections, they have been receiving threats and are being pressurised to withdraw their candidature.

The Petitioner has argued that these threats and violence "cast grave infractions on the constitutional mandate of conducting free, fair and democratic election".

The Petition has also provided a list of 5 candidates who have been 'threatened by the TMC Goons' and even filed a complaint with the Kolkata Police regarding the same.  

The Petitioner has submitted that they are constrained to file this writ petition seeking adequate security development in light of the targeted widespread post-poll violence that occurred in the State of West Bengal in May 2021.

It has therefore been submitted that there is an urgent necessity to deploy central forces during elections to ensure free and fair elections.

The Petitioner has stated that they have filed representations with the State Government seeking deployment of additional forces to ensure a fair and transparent election, in light of the fact that the candidates have been receiving threats from TMC goons which have been identified by the candidates.

The petition filed through Advocate Aditya Sharma and Advocate Nachiketa Joshi has made the following prayers:

• Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to discharge their constitutional and statutory duty by ensuring maintenance of peace, security and safety in areas where the municipal elections are to be conducted.
  
• Directions to provide an action plan laying out the measures being taken by them to ensure no pre-poll or post-poll violence erupts.
  
• Directions to the Union of India to dispatch Central Police Forces to aid and assist the West Bengal State Election Commission, in holding free and fair elections. 
  
• Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to provide adequate security to the candidates so they can participate and campaign and stand for elections as candidates from their respective constituencies.
  
• Directions to ensure that quick and effective action is taken with regards to the complaints filed by the candidates of the BJP regarding the threats they are receiving from members of other parties.
• Directions to to place on record the comprehensive action plan to combat instances of pre and post poll violence.

It may be noted that a bench led by Justice DY Chandrachud had recently passed a series of directions for ensuring security during the Tripura local body elections, on a petition filed by the All India

Case Title: Bhartiya Janta Party through Dr. Sukanta Majumdar vs West Bengal State Election Commission & Ors