The Calcutta High Court on Tuesday ordered the requisition and deployment of central forces in all areas declared sensitive by the State Election Commission (SEC) for the West Bengal panchayat elections scheduled to be held on July 8.
A division bench presided by Chief Justice T S Sivagnanam directed the SEC to requisition central forces to work in tandem with the police force of West Bengal for the rural polls. “The State Election Commission shall review the assessment plan submitted by the state and wherever there is inadequacy of the state police force in all such areas also the State Election Commission shall requisition the deployment of para military forces. This requisition shall be done forthwith by the State Election Commission and on receipt of the same, the appropriate authority of the central government shall deploy the required strength without loss of time. Considering the facts and circumstances, we are of the view that the charges towards such deployment shall be borne by the central government and no part of it shall be charged to the State of West Bengal," the court said.
The court also left it to the discretion of the SEC to take a call on extension of time for filing of nominations, the last date for which is June 15, refusing to consider a prayer in this regard. The bench, also comprising Justice Hiranmay Bhattacharyya, said the discretion to extend the time lies entirely with the SEC, and that it is competent to take a decision on the matter.
Here’s what the court said:
- The notification of State Election Commission of June 9 remains as is.
- The court did not increase the time given to file nominations.
- Extension of nomination date will be decided by the State Election Commission, said court.
- According to panchayat rules, the observer will be appointed by the SEC.
- The Central forces will be in seven sensitive districts, including Murshidabad, Jalpaiguri, East Medinipur, Hooghly, South 24 Parganas, portion of North 24 Parganas and Birbhum. The Centre has to provide the support for free.
- Whenever there is a requirement, the SEC can give requisition to Centre and the Centre has to give it to the State
- No deployment of any retired judge as observer.
- Online nomination appeal rejected.
- Free and fair election is the responsibility of the SEC, says court.
- CCTVs have to be installed in all booths.
- In places where installing CCTVs is not possible, videography is must.
- All footage has to be archived.
FOR POLLING PERSONNEL’S SAFETY
The court order states that “the said direction will adequately protect the interests of the polling officer and polling personnel. It goes without saying that the State Election Commission should undertake all steps to ensure that the safety and security of the polling officers and polling personnel".
“There will be a direction to the Commission to ensure the safety and security of the lives of the polling personnel and polling officers and in the event of any complaint being brought to the notice of the Commission, swift action be taken and the persons who are indulging in violence should be severely dealt with. This direction be complied with in letter and spirit without giving any room for laxity," it states.
With PTI Inputs