Panchayat Elections: Calcutta High Court Seeks Report On Alleged Poll Violence; Orders Treatment Of Injured, Support For Last Rites Of Deceased

The Calcutta High Court on Monday called for reports on the scale of alleged violence during polling for the West Bengal Panchayat Elections 2023 on July 8.

A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya also directed the State government to provide “best treatment” and healthcare facilities for those who had been injured, as well as make arrangements for the last rites of those who had been killed.

The Inspector-General of the Central security forces in the State has been directed to submit a report pertaining to the alleged violence. It is also directed that FIRs have to be registered and post-mortem have to be videographed.

The directions come in a writ petition filed by Congress leader Adhir Ranjan Chowdhury seeking Court monitored investigation by an independent agency into the alleged incident. Chowdhury claimed that his own district of Murshidabad was ravaged by violence and that the poorest strata of society was the worst affected. He claimed that those who had been fatally injured or deceased were so disenfranchised, that they were unable to pay for the cremation of their loved ones.

It was further submitted that those who had been injured were not able to get any medical attention due to the fact that the hospitals in the area were ill-equipped to deal with the volumes of injured patients, and that electoral malpractices were running amok in various polling stations, without the conspicuous presence of central forces.

It was also submitted by the petitioner, backed by several intervenors, that the violence had indeed led to an announcement for re-polls, but the re-polling figure of 696 seats submitted by the State Election Commission was a “mockery” of the process and that it was only being used as an exercise to deviate the attention away from the fact that numerous polling stations estimated to be covering over 50,000 seats, had seen illegal activities such as ballot-box tampering, booth-capturing, etc.

Advocate General SN Mookherjee submitted that the State would have no objections to any directions passed by the Court pertaining to assistance to be extended to those injured, and the families of the deceased.

Senior Advocate Jishnu Saha for the SEC submitted that bearing in mind the instances of electoral malpractice, 696 seats have been ordered for re-poll and that polling is going on peacefully for all these 696 seats, in the presence of central forces.

It was further submitted that there were 339 counting centres in total and that each counting centre would have the presence of One Company (75-80 personnel) of Central Armed Forces, in addition to the State’s forces. As such, it was submitted that the SEC was carrying out all the orders of the Court in letter and spirit and that the Handbook of Returning Officers was being followed in order to maintain the purity of the counting process.

The Court upon hearing these submissions opined:

“It goes without saying that the handbook of procedure, which was published for the Returning Officers is scrupulously followed and the area around the counting centres must be cordoned off so that the sympathisers and the members of the various political parties do not crowd near the counting centres.”

In dealing with the prayer for deployment of additional central forces, the Bench was of the opinion that such a question had been dealt with and addressed in numerous petitions before the Court, and hence no further orders could be passed pertaining to the same.

On the aspect of investigation and compensation to deceased, the Bench held that such questions can only be decided once affidavits had been filed by all parties concerned. It held:

“With regard to the first prayer sought for investigation by a Central agency to be monitored by a Sitting Judge of this Court, such a relief will be considered after the respondents file their affidavit. The immediate aspect, which is to be addressed is with regard to the medical treatment that has to be offered to the persons, who are being injured due to the alleged violence, which took place on the date of polling i.e. 8^th July, 2023. The next important aspect is with regard to how the people, who have lost their lives have to be dealt with and how their families have to be consoled and what assistance has to be extended to the families of the deceased victims.”

On the allegations of the re-polling number being inaccurate, and the violence being much greater than was being reported by the SEC, the Court directed the IG-BSF who was appointed as the nodal officer for the central forces, to file their own independent report. The Court opined:

“This report would be of significance because it is a submission of the petitioner appearing in person as well as the intervenors that there has been large scale rigging of the elections in various booths spread over the State and instances have been given in respect of four districts and the copy of the e-mail sent to the State Election Commission has been handed over to the learned senior advocate appearing for the State Election Commission. Therefore, it is submitted that the figure of 696 booths chosen for re-polling is not the correct number and in the conservative estimate of the intervenor, re-polling should be ordered in nearly 50,000 booths throughout the State of West Bengal. Since this averment made by the intervenor…is not on record in the form of an affidavit, we will take note of the submission as and when the same is brought on record by way of an affidavit.”

The matter is now listed for further hearing on 12^th July.

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya

Case: Adhir Ranjan Chowdhury V. The West Bengal State Election Commission & Ors Wpa (P) 351 of 2023

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