BREAKING: BJP Moves Division Bench Of Calcutta High Court Against Single Bench Order Declining Plea To Deploy Central Forces For Kolkata Municipal Elections

The Bharathiya Janata Party (BJP) moved a Division Bench of the  Calcutta High Court on Thursday against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation election is scheduled to be held on December 19.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj agreed to hear the appeal tomorrow i.e. on December 17 pursuant to the request made by the counsel appearing for the BJP. The Bench also directed the counsel to file a certified copy of the impugned order and serve the opposing parties. 

The counsel appearing for the BJP informed the Division Bench that the political party had sought the deployment of central forces in light of the post poll violence that had taken place during the State Assembly elections back in May 2021. He further apprised the Bench that pursuant to an order of the High Court dated August 19, the Central Bureau of Investigation (CBI) had been instructed to investigate cases related to murder, rape and crime against women. The Bench was also informed that a Special Investigation Team (SIT) had been constituted to investigate into the other criminal cases related to post poll violence. 

"Pursuant to the post poll violence, the number of voters have decreased..there is a mass apprehension", the counsel submitted further. He further contended that there is apprehension in the minds of the public at large due to which they are not coming out to vote. Reliance was also placed on the Supreme Court judgment in All India Trinamool Congress v. State of Tripura wherein the Apex Court had directed for the deployment of Central Armed Police Force(CAPF) personnel during the local body elections in Tripura in view of the alleged widespread acts of violence.

Taking cognizance of the grievance raised, the Chief Justice stated, "File it, we will consider". 

Justice Rajasekhar Mantha on Thursday declined the plea to deploy central forces for the upcoming municipal elections and accordingly observed, 

"This Court is, therefore, of the view that the assurances of the learned Advocate General, are sufficient in the light of the views of the State Election Commission. Since the State Election Commission does not see the requirement of deployment of Central Forces, this Court is not inclined to accede to the prayer of the petitioner on that score."

Furthermore, the Judge directed that the Commissioner shall forthwith attend to any other complaints from other complainants and based on the threat perception ensure that appropriate security measures are undertaken. All steps must be taken to facilitate exercise of franchise by citizens and free, fair and peaceful Elections are held, Justice Mantha underscored further. 

Opining that deployment of central forces is not required in view of the assurances given by the Advocate General and the State Election Commission, Justice Mantha further observed,

"The steps taken and the views of the State Election Commission as set out herreinabove are clear and explicit. There is no need for Central Forces in the Elections to the Kolkata Municipal Corporation to be held on Sunday."

Background 

The petitioners who are contesting candidates in the upcoming Kolkata Municipal elections had contended before the Court that they had addressed complaints to the Commissioner of Police, Kolkata on November 30 and December 1, 2021. However, it was argued that their complaints were not responded to. Furthermore, the petitioners had also made representations to the State Election Commission and the Governor which were also placed on record. Thereafter, the instant plea had been filed before the Single Bench. 

The Supreme Court on Monday had refused to entertain such a plea by the BJP seeking deployment of Central Forces for the Kolkata Municipal Elections, by asking the party to approach the Calcutta High Court for such a relief. "We cannot take decisions with respect to the requirement of Central force. High Court will be in a better position to know the situation", the bench comprising Justices L Nagesara Rao and BR Gavai of the Supreme Court had told Senior Advocate Maninder Singh, who was appearing for the BJP.

Earlier, the Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj on Wednesday had refused to stay the upcoming Kolkata Municipal Corporation Elections pursuant to the plea moved by BJP Sate vice-president Pratap Banerjee seeking direction to the West Bengal government and the State Election Commission (SEC) to hold municipal polls in the State in one phase. The Division Bench had also directed the State government and the State Election Commission to disclose to the Court the tentative time schedule and the minimum phases required for holding elections to the remaining municipal bodies.

Furthermore, the Division Bench on Tuesday had directed the West Bengal State Election Commission to install close circuit television (CCTV) cameras in all the main and auxiliary polling booths as also in strong room where EVMs will be kept during the upcoming Kolkata Municipal Corporation Election.