Calcutta HC asks 'who has the authority to defer civic polls in West Bengal', reserves judgement

The Calcutta High Court has sought information from the West Bengal Government and the State Election Commission on the issue of Bengal Civic Polls 2022 regarding who has the authority to suspend the municipal polls.

Kolkata:State Election Commission (SEC) of West Bengal wanted to conduct the Bengal Civic Polls 2022 on January 22 in accordance with the pre-determined schedule. The commission's counsel Jayanta Mitra informed the Calcutta High Court on Thursday. The court questioned that between the state government and the state election commission, who has the authority to postpone polls and reserved the judgment.

Mitra stated that the state election commission cannot unanimously postpone the polls for the four municipal corporations. He informed the Court that " if the West Bengal Government declares a 'disaster' in the current situation, then the election date will be postponed." The commission's counsel, Jayanta Mitra said that the state election commission can postpone the polls only if it gets the concurrence of the state government.

"At the same time, the polling time has been extended by an hour keeping in mind the pandemic situation so that the voters have flexibility on the time of voting. Arrangements for ambulances have been made for emergency purchases. The state election commission does not have the legal authority to postpone the polls unanimously," Mitra said.

However, the state advocate general chooses to pass on the ball in the court of the state elections commission regarding the decision to postpone the polls. He claimed that the decision to postpone the polls could be taken only by the commission. He informed the court that 92 percent of the people living under the Asansol Municipal Corporation have received the first dose of COVID-19 vaccines, while 72 percent have received the second dose vaccine. The numbers for the first and second doses in the Chandernagore Municipal Corporation area are 98 percent and 95 percent respectively.

He also said that 100 percent of the people living in Siliguri Municipal Corporation and BIdhannagar Municipal Corporation areas have received both doses of vaccine. After hearing the arguments from both the parties, the Calcutta High Court chief justice, Prakash Srivastava questioned both the parties that between the state government and the state election commission, who has the authority to postpone polls.

After hearing the statements of both the parties, Chief Justice Prakash Srivastava wanted to know, "Why there is no harmony between the statements of the Election Commission and the state in postponing the polls? Please clarify your position first. "' Then the Chief Justice wants to know from both the parties concerned, then who has the authority to postpone the vote?' On the other hand, the BJP has requested to be involved in the case by demanding a vote for the time being.

A division bench headed by the chief justice adjourned the hearing after hearing the views of all parties. Earlier, a social activist named Bimal Bhattacharya has filed public interest litigation in the Calcutta High Court seeking a stay of the polls in the Covid situation.