Orissa High Court Turns Down Plea Of Independent MLA Candidate For Heightened Security In Polling Booths

The Orissa High Court on Thursday dismissed two writ petitions seeking heightened security arrangements in sensitive polling booths in the district of Jajpur in the fourth phase of the Lok Sabha and Assembly elections, which is going to be held on June 1, 2024.

While turning down the plea of an independent MLA candidate from Dharmasala Assembly Constituency, the Vacation Division Bench of Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra held –

“…the Court cannot exercise its jurisdiction in vacuum and there must be some reasonable apprehension of threat which must be brought on record so as to convince this Court to invoke its extraordinary jurisdiction. In the absence of any cogent material on record to grant the reliefs sought for in both the writ petitions, it would not be proper on our part to tread on the toes of electoral authorities especially when they are heavily occupied in ensuring free and fair elections in the State.”

The Vacation Bench was hearing two writ petitions, one in the nature of PIL and the other filed by Himansu Sekhar Sahoo, an independent MLA candidate from Dharmasala Assembly Constituency under Jajpur district, which sought for deployment of paramilitary force and adequate CCTV surveillance in certain sensitive polling booths.

After hearing the submissions of the parties, the Court observed that security personnel including the Central Armed Police Force (CAPF) and Odisha Armed Police and Civil Police Personnel have been deployed across all the constituencies of the State and under their supervision, three phases of elections are already over in the State.

“Though some of the polling booths of some Assembly as well as Lok Sabha constituencies have been identified as sensitive booths, but it is reported that adequate precautions including security arrangement, are being done for conduct of peaceful election in those booths,” it further observed.

The Court expressed satisfaction over the webcasting arrangements and it also noted that micro-observers have ensured free and fair election in the sensitive booths across the entire State.

The Bench headed by Justice Sahoo emphasized the importance of free and fair election for the health of a democracy and by relying upon PUCL v. Union of India, it reiterated that free and fair election is a basic structure of the Constitution. It also cited Anoop Baranwal v. Union of India to underline that faith of the citizens in the democratic process is ensured by fair elections.

It held that though the Court is sufficiently empowered to step in for guarding the fundamental rights and basic tenets of the Constitution being the sentinel on the qui vive, but it refused to invoke its extraordinary jurisdiction when no material was brought on record showing some reasonable threat perceptions.

“In the present case, no material has been brought on record by the petitioners that the State Election Commission, Odisha has failed to discharge its constitutional obligation in respect and therefore, we are not inclined to pass any orders in both these writ petitions.”

Accordingly, the prayers made in both the writ petitions were rejected.

Case Title: Sujit Kumar Mallick v. State of Odisha & Ors. and a tagged matter

Case No: W.P.(C) PIL No. 13478 of 2024 & W.P.(C) No. 13575 of 2024

Date of Order: May 30, 2024

Counsel for the Petitioners: Mr. D.K. Ray & Mr. P.S. Nayak, Advocates

Counsel for the State: Mr. A.K. Nanda, Additional Government Advocate

Click Here To Read/Download Order