Calcutta High Court Adjourns Hearing Of BJP's Plea For Deployment Of Central Forces During Kolkata Municipal Elections

The Calcutta High Court on Wednesday adjourned the hearing of a plea moved by the Bharathiya Janata Party (BJP) seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections to tomorrow i.e. on December 16. The Kolkata Municipal Corporation election is scheduled to be held on December 19. 

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. 

Justice Rajasekhar Mantha on Wednesday adjourned the hearing of the matter to tomorrow pursuant to the request of senior advocate S.K Kapur appearing on behalf of the BJP. 

"On prayer made on behalf of Mr. S. K. Kapur and in view of the resolution of the Bar, let this matter stand adjourned and be listed tomorrow (16.12.2021) under the same heading at 10.30 a.m", the Court recorded in its order. 

Advocate General S.N Mookherjee further apprised the Court that a Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj had refused to stay the upcoming Kolkata Municipal Corporation Elections pursuant to the plea moved by BJP Sate vice-president Pratap Banerjee.

The Court was further informed by the Advocate General that the Division Bench had 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 in the State. Accordingly, the Court adjourned the hearing of the matter. 

The plea filed before the Supreme Court had contained the following prayers :

• Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to discharge their constitutional and statutory duty by ensuring maintenance of peace, security and safety in areas where the municipal elections are to be conducted.

• Directions to provide an action plan laying out the measures being taken by them to ensure no pre-poll or post-poll violence erupts.

• Directions to the Union of India to dispatch Central Police Forces to aid and assist the West Bengal State Election Commission, in holding free and fair elections.

• Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to provide adequate security to the candidates so they can participate and campaign and stand for elections as candidates from their respective constituencies.

• Directions to ensure that quick and effective action is taken with regards to the complaints filed by the candidates of the BJP regarding the threats they are receiving from members of other parties.

• Directions to place on record the comprehensive action plan to combat instances of pre and post-poll violence.

Case Title: Bharatiya Janta Party Rep. By Its General Secretary v. State of West Bengal 

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