Calcutta High Court Seeks Response From State, SEC In Plea Seeking Deployment Of Central Forces During Upcoming WB Municipal Elections

The Calcutta High Court on Monday sought response from the State Election Commission as well as the State government in a batch of PILs seeking deployment of central parliamentary forces during the upcoming West Bengal Municipal polls. 

Elections to four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore are scheduled to take place on February 12, 2022 and the results for the four civic bodies will be declared on February 14. Polls to these four municipal corporations were postponed at the instructions of the High Court considering the spike in COVID-19 infections a couple of weeks ago. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj directed the counsel appearing for the petitioner to serve a copy of the petition to Advocate General S.N Mookherjee. The Bench further directed the counsels appearing for the State Election Commission as well as the State government to take instructions in the matter and apprise the Court about their decision on the next date of hearing which is slated to take place at 10:30 am on February 9. 

Senior Advocate Pinky Anand and Advocate Biwalldal Bhattacharya appearing for one of the petitioners apprised the Bench that there have been reports of political violence in places where the upcoming municipal polls are scheduled to take place and accordingly submitted that deployment of central forces were required to maintain peace and security. 

Advocate Srijib Chakraborty appearing for the intervening party submitted that there have been reports of clashes, primarily between political party workers ever since the declaration of the date of election for the Bidhannagar Municipal Corporation. He also apprised the Court that a representation dated January 25, 2021 had been made to the Commissioner of Police, Bidhannagar Police Commissionerate seeking for immediate measures to be taken for the deployment of central parliamentary forces during the upcoming Bidhannagar Municipal Corporation election. However, no action had been taken in this regard yet, the Court was informed further. 

It may be noted that the High Court in December 2021 had dismissed an appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation Elections took place on December 19. The Supreme Court had earlier 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. 

Averments in the plea 

The petitioner, one Pratap Banerjee submitted that incidents of violence have been reported from all corners of Bidhannagar where the party workers of Trinamool Congress have indulged in violence and have also resorted to the usage of crude bombs and other firearms in order to silence their political opponents. 

It was further argued that Bidhannagar Municipal elections have a violent chequered past and have always been a hot bed of political violence in and around the time of elections. It was averred further that it was only after the deployment of the central forces since the Assembly elections of 2016 that such incidents of violence in Bidhannagar has comparatively lessened. 

"The applicant submits that deployment of the central parliamentary forces during the Bidhannagar Municipal Corporation Elections which is scheduled to be held on 12. 02. 2022 is of paramount importance to instil confidence in the mind of the voters of the said area and to enable and encourage them to cast their votes in a free and fair manner", the plea averred further.

The Court was further apprised that in the event that central forces are not deployed than there is every possibility of an outbreak of violence as has been witnessed before and further that most residents would prefer remaining indoors than come out to vote in fear of being subjected to political violence. 

"Since the applicants are the Iocal residents, it has come to their knowledge that a huge stash of bombs and firearms are being made ready by antisocials of a particular political party for unleashing terror on and before the date of polls in Bidhannagar", the petitioner submitted further. 

It was also submitted that conduct of fair and free elections is a constitutional mandate and accordingly prayed for directions to deploy central forces during the upcoming municipal polls. 

Case Title: Pratap Banerjee v. State of West Bengal and other connected matters 

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