“If Officials Are So Busy, They Better Wind Up”: Calcutta High Court Flays SEC For Requisitioning Inadequate Central Forces Amid Panchayat Elections

The Calcutta High Court on Wednesday issued fresh directions to the West Bengal State Election Commission (“SEC”) to requisition the deployment of additional central paramilitary forces for the WB Panchayat Elections 2023, within 24 hours.

A division bench of Chief Justice Sivagnaman and Justice Uday Kumar took exception to SEC requisitioning only 22 companies of paramilitary forces as against 825 companies deployed in 2013. It orally remarked,

“Very sorry state of affairs…you are a neutral body…you need not walk any dotted line…We reposed great faith in the SEC and that is why we said that the ultimate decision must lie with the SEC…it did not act based on our confidence…so another order had to be passed…Court shouldn’t lose faith in the system…but if ultimately people are starting to lose faith, then what is purpose of conducting elections? Independence of the Commission should not be doubted…you have gone to highest Court…now accept their judgement…if it is difficult for the Commissioner to take orders, he can step down…probably the Governor may appoint someone else…even earlier there was no representation from the Commission…if they are so busy they better wind up their business…if they are not in a position to, then leave it to us, we will handle.”

The bench was hearing contempt petitions filed by the BJP’s Suvendu Adhikari and Congress’ Adhir Ranhjan Chaudhary against the inaction of the State and SEC in implementing the orders of the High Court, dated 13^th June and 15^th June.

Appeals against both these orders preferred by SEC and State government were dismissed by the Supreme Court and the decision of the High Court regarding the deployment of paramilitary forces among other issues, was affirmed.

In this contempt plea, petitioners submitted that the High Court's order was not complied in its letter and spirit and that the SEC was merely trying to “hoodwink” the highest Constitutional Court in the State. It was submitted that instead of obeying the essence of the order and facilitating a free, fair and independent election process, the SEC was instead complying only in a token manner.

Petitioners submitted  that SEC had earlier assured the Court that it had requisitioned police forces from neighbouring states. However, they contended it was only an attempt to mislead the Court due to the fact that communication letters in the SLP filed before the Supreme Court show that requisition of police forces was made only to reach Calcutta on the 6th of July, which would not cover the entire election process as had been envisaged by the Court.

On this point, Justice Sivagnaman said this can very well be taken as an attempt to mislead the court. "For forces to be present only on the date of polling, will not yield the desired results…as the court even in the earlier order had made it clear that central forces would be requisitioned for the entire period and not on the date of polling alone. For forces to be present only on the date of polling, will not yield the desired results. Therefore, de hors the number of police forces from other states, the SEC shall independently and honestly assess their requirements…bearing in mind that the SEC has a constitutional obligation to ensure free and fair elections and to preserve its purity.”

Senior Counsel appearing for SEC submitted that the Commission had already requisitioned special forces to the tune of 1,700 officers for 22 districts and that it would carry out the Court’s directions.

Court has now directed the SEC to requisition sufficient number of central forces for all districts, within 24 hours. "The number of battalions to be requisitioned shall be not less than the force requisitioned in the 2013 elections, and in fact has to be more because the number of districts and electorate has increased since then...The SEC is directed to implement this decision in a proper and effective manner and the Court hopes that the direction will be complied with in letter and spirit. Any attempt to make the order unworkable shall have adverse consequences,” it ordered.

The Court has asked the SEC to carry out its Constitutional duty honestly, and effectively in order to preserve the purity of the election process.

Matter is listed for hearing next on Friday, 23^rd June.

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

Case Title: Suvendu Adhikari v Rajiva Sinha, State Election Commissioner and other connected petitions.