Supreme Court Closes Plea Filed By TMC For Protection Of Party Members In Tripura During 2021 Municipal Elections

"The primary purpose was to ensure that adequate arrangements are made for security and facilitating the free exercise of election franchise in the municipal elections. Now that the elections have been concluded it would not be necessary for this court to pursue these proceedings further."

Initially, a similar petition was filed before the Tripura High Court. However, when the Supreme court assumed jurisdiction, the said writ petition was withdrawn.

A Bench comprising Justices D.Y. Chandrachud and Hima Kohli noted that a contempt petition has now been filed before the Apex Court alleging breach of its interim directions, the resolution of which would require detailed consideration of the facts of the case. The Bench was of the view that if any of the issues which were to be raised before the High Court still remain to be resolved, the petitioners are at liberty to apply for revival of the writ petition before the High Court. It noted that the High Court would appropriately consider the application for revival. It added that in case the writ petition is revived by the High Court, the rights and contentions of the parties involved would be left open for its consideration.

TMC in the present writ had sought the constitution of a neutral and fair SIT, headed by a retired judge so that free and fair investigation could be carried out in relation to alleged acts of vandalism and hooliganism targeted against TMC members.

"It is trite that conduct of free and fair elections is the very essence of the basic structure of the Constitution. In a democracy, elections are the means of selecting their own representatives and Government by the public at large. Therefore, it is obligatory on the State to ensure that conditions which are conducive to unhindered participation of all political parties in any elections to be held in the State are maintained. However, on account of the continuous assaults by a mass of criminal elements being perpetrated in the State, the Petitioners are finding it extremely difficult to carry on with their campaign. Cars and other vehicles of the Petitioners and their supporters are being damaged by the goons and hooligans. As of now, atleast 30 cars have been damaged, Petitioner no.1's workers have been beaten and their properties as well as party's offices have been vandalized," the petition stated.

It had been argued that the aim of such a concerted plan appears to be to thwart the TMC from campaigning for the upcoming Municipal elections which are due to be held on November 25, 2021.

Filed through Advocate on Record Rajat Sehgal, TMC had averred that such kind of violence cannot be caused except when it is at the instance of the political opponents.

Contending that when the petitioners started their election campaign they were met with violence at the hands of mobs of goondas, TMC had submitted that the State has turned blind eye to the violence which is being perpetrated on such a large scale.

In this regard, it had been stated in the petition that such regular assault by a crowd consisting of goondas and hooligans is only possible when there is deliberate failure on the part of the police to take timely action at the behest of political opponents who are right now in the Government.

It had also been stated in the writ that in view of the high headed and illegal action of the State Authorities of targeting the members of TMC by registering frivolous FIRs and unlawfully arresting people in utter disregard of law, the petitioners have been constrained to approach the Apex Court.

TMC had also stated that although the party had approached the High Court but since there were Court Holidays the writ was not taken up for hearing and the next date is given as November 11, 2021.

In furtherance of the same, TMC had submitted that the political opponents in the meanwhile are undertaking continuous and unabated acts of oppression.

Arguing that each day is crucial in petition pertaining to elections, TMC had averred that -

"The loss of each day impairs the process of the election and impacts the conduct of free and fair elections. When the members of the public fear openly coming out in support of whichever party that they support, it is a loss for democracy and the ultimate sufferers are the peoples themselves."

Relief for directing the authorities of the State to take immediate action on the complaints filed by persons who are victims of criminal assaults, intimidations and other criminal activity in the run up to the election process had been sought.

TMC had also sought for issuance of directions to the State to restrain from using their power in an arbitrary and illegal manner so as to allow the petitioners to continue with the campaign in a free and fair manner.

Case Title: All India Trinamool Congress & Anr v State of Tripura| Writ Petition (Criminal) 455/2021

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