WB Panchayat Elections: Supreme Court Lists Tomorrow Plea Challenging Calcutta HC Order For Requisition Of Central Forces In All Districts

The Supreme Court vacation bench comprising Justice Surya Kant and Justice MM Sundresh has agreed to list tomorrow an SLP challenging the Calcutta High Court's order directing the West Bengal State Election Commission to requisition central forces for all districts in West Bengal for the 2023 Panchayat Elections.

The matter was mentioned by the Senior Advocate Meenakshi Arora who argued that SEC can only make an assessment of sensitive areas but cannot send requisition. "Court has directed for us to requisition. And it has directed on area deployment wise...that is not how it is done... we're challenging both the orders of the court."

SEC has challenged two orders, one dated June 13 which directed SEC to send requisition of the deployment for the Central forces for all the areas / districts which in its opinion have been declared as sensitive; and another dated June 15, which directed for deployment of forces in all districts, within 48 hours. The orders were passed on petitions filed by Leader of the Opposition in the West Bengal Legislative Assembly- Suvendu Adhikari.

Arora said the SEC had filed a review against the June 13 order but suddenly, on June 15, another petition was filed and the order was passed the same day, without affording the Commission an opportunity to place on record its reply. They were thus constrained to withdraw the review, she said.

The State government has also filed an SLP in the matter which will be heard along with SEC's appeal.

Background

A division bench of Chief Justice Sivagnaman and Justice Uday Kumar of Calcutta HC had passed the order in a plea filed by Leader of Opposition in West Bengal, Suvendu Adhikari. The bench noted that a direction for earmarking sensitive areas and deploying forces was passed on Tuesday but no appreciable steps were taken in this regard.

While the Commission submitted that it may take a couple of days to identify sensitive areas from law and order point of view, the Court observed that takin more time would only cause more damage and would not help the “purity of the election process.”

The SEC was thus directed to immediately requisition the deployment of central forces within 48 hours of the Court’s judgement for all districts in West Bengal. The costs for the same would be borne by the central government and no costs would be charged from the State of West Bengal.

Court said the direction is required bearing in mind the electorate, the people of West Bengal, who will exercise their franchise in the ensuing election.

Further, it was also directed that the SEC ask its election officers to display their identity cards and whenever called upon, prove their identity during the election process. With these observations, the Writ petition was disposed of.