Kolkata: In a major blow to the West Bengal government, the Supreme Court has upheld Calcutta High Court’s decision to deploy central forces to conduct panchayat polls in the state. The apex court order comes after both the state government and the State Election Commission challenged the High Court’s order and moved the Supreme Court.
The Supreme Court dismissing the Mamata Banerjee government's challenge to the deployment of central forces in Bengal for the local body polls scheduled for July 8, said that elections should not be accompanied by violence. The Court expressed its appreciation for the democratic setup of elections but highlighted that violence cannot be tolerated as a consequence of the electoral process.
Referring to the High Court's order to ensure free and fair elections, the Supreme Court made it clear that the intention behind the order was to maintain a peaceful and secure environment for the polls. "We appreciate that you have a democratic setup for elections from top to bottom, but the elections cannot be followed by violence," said the Supreme Court, in sharp comments to the Bengal government. "The tenor of the High Court order is to ensure free and fair elections," the Court said.
Justice BV Nagarathana pointed out that the state government had previously acknowledged the shortage of policemen and had requested personnel from other states. The High Court took note of this and determined that the central government would bear the expenses of deploying forces. The Supreme Court highlighted the fact that the state government itself had requisitioned assistance due to the inadequacy of its police force.
"Now High Court has seen this. Expense will have to be borne by Centre only. 75,000 booths have to be established and you have said due to the inadequacy of the police force you have yourself requisitioned," Nagarathana said.
In response, the Bengal government argued that there was no admission of the state police force's inability to handle the polls. The government's representative, lawyer Siddharth Aggarwal, contended that the High Court's order was based on the assumption of inaction by the State Election Commission. He further criticized the notion that the entire state required central forces, stating that an assessment had been conducted, troubled areas had been identified, and 98% of the state was peaceful from the time of filing nominations until the present.
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Justice Nagarathana firmly asserted that holding elections should not be an invitation for violence. The High Court had witnessed instances of violence in the past and concluded that free and fair elections cannot be achieved if individuals are unable to file nominations or if they are subjected to violence while attempting to do so.
The Supreme Court judge also questioned the objections raised by the State Election Commission regarding the High Court's order for deploying central forces. The Court reminded the poll body that it was ultimately responsible for conducting elections and inquired why it was aggrieved by the High Court's order when it had previously requested the deployment of forces from the state government. The Supreme Court emphasized that the High Court had taken up the case and issued directions to assist the poll body in fulfilling its responsibilities, considering the history of violence in the state.
On June 15, the Calcutta High Court criticized the State Election Commission for not requisitioning paramilitary forces from the central government and directed the commission to implement its directives within 48 hours.
In response to the Calcutta High Court's decisions, the State Election Commission filed a challenge in the Supreme Court, arguing that the order to deploy central forces without allowing sufficient opportunity for the state poll panel was an overstep of the High Court's judicial powers. The commission maintained that the arrangements made by the state government were satisfactory and adequate.
