WB Municipal Polls: Calcutta High Court To Hear On Feb 16 Pleas Alleging Large Scale Violence During Elections To 4 Municipalities

The Calcutta High Court today agreed to hear on Wednesday at 10:30 am a batch of petitions alleging that large scale violence and rigging of votes had taken place during the recently conducted municipal elections. The petitions also sought for deployment of central forces for the remaining 108 municipalities which is scheduled to take place on February 27.

Elections to four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore took place on February 12. 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.

The counsel appearing for one of the aggrieved petitioners led by senior advocate Ranjit Kumar apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj on Tuesday that despite assurances given by the State Election Commission that all measures would be taken to prevent any violence during the municipal polls, the State Election Commission had failed to comply with its duty to maintain peace and security. 

"The assurances given by the State Election Commission on two prior occasions are completely a farce", the counsel remarked before the Bench. The counsel also apprised the Bench that contesting candidates for the remaining municipal elections are being restrained by members of the ruling party from filing their nomination papers. He further submitted that candidates who had already filed nomination papers are being forced to withdraw their nominations. 

Advocate Sabyasachi Chatterjee appearing for one of the petitioners further submitted before the Court that his client who is a practising lawyer of this Court had been brutally beaten up during the recently conducted municipal polls. As a result of which she had fractured her finger, the Court was informed further. He further submitted that the lackadaisical manner in which the police had registered the FIR is a matter of great concern. 

Pursuant to the submissions of the concerned parties, the Chief Justice remarked,

"We will fix it tomorrow at 10:30am so that you get enough time to argue". 

It may be noted that the Court is currently hearing a specially fixed matter from 2pm onwards. 

The Court on Thursday had directed the State Election Commission to hold a joint meeting with the Chief Secretary and Home Secretary of the State as well as the Director General and Inspector General of Police within 12 hours and decide as to whether deployment of central paramilitary forces will be required for the peaceful conduct of the upcoming elections to the Bidhannagar Municipal Corporation.

"We hereby direct that the Commissioner, State Election Commission will hold the joint meeting with the Chief Secretary and Home Secretary of the State and the Director General and Inspector General of Police within 12 hours and will do the reappraisal of the ground situation in Bidhannagar Municipal Corporation area and ascertain if deployment of paramilitary forces is necessary for ensuring the peaceful conduct of election of Bidhannagar Municipal Corporation and if require, he will submit and requisition to the Union Ministry of Home Affairs or the competent authority for deployment of paramilitary forces and any request in this regard will be duly considered having regard to the ground situation and in the interest of ensuring peace, security and orderly conduct of the forthcoming Bidhannagar Municipal Corporation Election without any delay", the Court had recorded in its order. 

Opining that the Commissioner of the State Election Commission will be held personally liable to ensure that no violence takes place, the Court had further directed, "In case, if the Commissioner, State Election Commission forms an opinion that deployment of the paramilitary forces during Bidhannagar Municipal Corporation election is not necessary, then he will be personally liable to ensure that no violence takes place and free, fearless and peaceful elections are held in Bidhannagar."

The State Election Commission had subsequently decided to not deploy central forces for the elections to the 4 municipal corporations. 

Background 

The Court had earlier reserved judgment in the batch of PILs seeking such deployment of central forces for the Bidhannagar Municipal Corporation elections in the wake of allegations of large scale violence.

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.

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