Apprehension Of Post-Poll Violence Can't Be Brushed Aside: Calcutta HC Directs Central Forces To Remain In WB After Panchayat Election Results

The Calcutta High Court on Thursday passed a direction for central armed forces to remain in the State for a period of ten days after declaration of results in the West Bengal Panchayat Elections 2023, on the 12^th of July.

Upon noting the submissions advanced by Senior Advocate Guru Krishna Kumar for the applicant, highlighting the previous incidents of post-poll violence in West Bengal, which lead to mass casualties, a division-bench of Chief Justice T.S. Sivagnanam and Justice Uday Kumar ordered:

“Though it may not be right for a court to predict any violence during the ensuing elections, the applicant's apprehension cannot be brushed aside, given the past experience. We are only concerned with protection of the public at large and if such violence takes place, it would affect the public. There are chances of post poll violence in victory processions of winning candidates, etc. Therefore, let the Central forces be deployed for 10 more days after the declaration of results.”

These developments came while hearing contempt applications filed by BJP’s Suvendu Adhikari, among several other, against the West Bengal State Election Commission for its laxity in holistically implementing the orders of the Court on several aspects such as deployment of forces, etc.

It was submitted by Senior Advocate Jishnu Saha appearing for the SEC that the deployment of forces after declaration of results on the 12^th of July, would be beyond the jurisdiction of the SEC, due to its mandate being restricted to the election process.

Upon noting that such a deployment would indeed be outside the jurisdiction of the SEC, the Court itself passed orders for continued deployment of forces keeping in mind the well-being of the electorate. It held:

“As observed in earlier orders, the electorate needs to be protected. If after elections any violence erupts, then public will be affected. Therefore, central forces shall continue to remain in West Bengal for ten days from the date on which results are declared. The Ministry of Home Affairs shall issue necessary orders to the nodal officer in this regard and all other issues brought before the SEC shall be taken serious note of and examined for appropriate redressal of genuine grievances. This Court hopes that the election on 8th July is peaceful and the public will be entitled to cast their vote without any fear.”

While further instances of impropriety and corruption were pointed out by several intervenors, the Court asked the SEC to take note of such complaints and investigate them in a thorough manner, in order to provide redressal to genuine complainants.

The matter is listed for further hearing on Tuesday, 10^th July 2023.

Coram: Chief Justice T.S. Sivagnaman and Justice Uday Kumar

Case: Suvendu Adhikari v Rajiva Sinha, State Election Commissioner & other petitions