Kolkata Municipal Elections: BJP Moves Supreme Court Against HC's Order Refusing To Direct Deployment Of Central Forces, Seeks Urgent Hearing Today

Bhartiya Janta Party, West Bengal has moved the Supreme Court challenging Calcutta High Court's 17 December order rejecting their plea to deploy Central Forces for conduct of free and fearless municipal elections scheduled on 19 December 2021.

According to the petitioner Counsel, the party has sought an urgent listing of the matter today as the polls are scheduled tomorrow. The petitioner has approached the Registrar Judicial and sought urgent listing for today before the Judges at their residence. 

The impugned order was passed in an appeal by BJP against Single Judge's order which on 16 December 2021 dismissed their petition with the observation that a free and fair elections must be conducted. According to the petitioner the same was an empty observation without directing any concrete measures for the authorities to satisfy and assure that the elections will be conducted without any fear inflicted in the minds of the electorates as well as the rival candidates.

The petitioner party has argued that pursuant to finalization of the candidates by the Bhartiya Janta Party, various candidates in the West Bengal received threats and were pressurised to withdraw their candidature.

"Some of the candidates have reported that members of their family are being threatened, their rallies obstructed, threatened with risk of life; all of this in order for them to withdraw their candidature from upcoming municipal elections," the plea states.

The petition filed through Advocate Aditya Sharma has argued that these incidents have taken place across the board, from the high functionaries of the party to the ground level volunteers, and the threats and actions tend to originate from the members, volunteers, and goons of the ruling party – All India Trinamool Congress ("AITMC").

The Petitioner has submitted that the deployment of Civil Forces will aid and assistance the State Administration in conducting free and fair elections.

The petition has submitted that in the past too, there has been deployment of Central Forces by the Election Commission to ensure fair and transparent elections.

Citing orders passed in Tripura Municipal Elections, the petition has pointed out that the Supreme Court had passed orders dated 11.11.2021, 23.11.2021 and 25.11.2021 to ensure that adequate paramilitary forces are deployed to ensure that law and order is preserved and there is no violence erupting and threat to the conduct of elections.

Case Title: Bhartiya Janta Party West Bengal vs State of West Bengal & Ors