SEC Tenders 'Unconditional Apology' To Calcutta HC For Failure In Complying With Orders To Deploy Central Forces During 2023 Panchayat Polls

The Calcutta High Court on Monday took up a contempt matter against the West Bengal State Election Commission (SEC) wherein the Court had issued Rule Nisi against the SEC and directed it to show cause why action should not be taken against it under contempt jurisdiction for "wilfully and deliberately" failing to comply with the court's orders for immediate deployment of central forces during the 2023 Panchayat Elections.

The SEC had argued that they had delayed requesting central force deployment since they were in the process of appealing against the High Court's order before the Supreme Court and that any disobedience of the Court orders was completely unintentional and inadvertent. The Supreme Court subsequently rejected the SLP and upheld the HC order. 

A division bench of Chief Justice TS Sivagnanam and Justice Uday Kumar however, ruled that while preferring an appeal was the SEC's right, they ought to have complied with the HC order which had specifically ordered compliance forthwith. Notably, due to the delay in deployment of forces, there were instances of violence and loss of life which were seen in many sensitive polling areas.

Upon holding that a prima facie case of contempt had been made out, the Court issued Rule and directed for the parties to file their written arguments and for the SEC to file its reply to the Court's show cause. 

On the present occasion, the Bench was told by the contempt applicants that they would require an extension of time to file their written arguments, while the affidavit of the SEC was taken on record, tendering an unconditional apology to the Court and explaining that any delay in compliance was entirely inadvertent and unintentional.

Matter has been listed for further hearing on 19th February 2024.C

Case:  SUVENDU ADHIKARI AND ANR VS RAJIVA SINHA STATE ELECTION COMMISSIONER AND ORS

Case No: WPCRC/195/2023