The SEC had delayed the deployment of central forces, citing their intention to appeal against the High Court’s order at the Supreme Court.
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In a significant development, the Calcutta High Court has initiated contempt proceedings against the West Bengal State Election Commission (SEC) for its failure to comply with court orders during the 2023 Panchayat Elections. The Court, led by a division bench of Chief Justice TS Sivagnanam and Justice Uday Kumar, expressed its dissatisfaction with the SEC for not deploying central forces as directed, which led to instances of violence and loss of life in sensitive polling areas.
The SEC had delayed the deployment of central forces, citing their intention to appeal against the High Court’s order at the Supreme Court. However, the Supreme Court subsequently rejected the SEC’s Special Leave Petition (SLP) and upheld the High Court’s order. The SEC argued that any disobedience of the Court orders was unintentional and inadvertent.
Despite the SEC’s right to appeal, the High Court bench ruled that compliance with its immediate order was mandatory. The Court observed that the delay in deploying forces had serious consequences, including violence in many sensitive polling areas.
In the latest hearing, the applicants in the contempt case sought an extension to file their written arguments. Meanwhile, the SEC tendered an unconditional apology to the Court, reiterating that the delay in compliance was inadvertent and unintentional.
The matter has been listed for further hearing on February 19, 2024. The case, titled “Suvendu Adhikari and Anr vs Rajiva Sinha State Election Commissioner and Ors” (Case No: WPCRC/195/2023), represents a critical examination of the SEC’s role and responsibilities in ensuring fair and violence-free elections.
This development underscores the judiciary’s active role in upholding electoral integrity and the importance of adhering to court orders, especially in the context of election management. The Calcutta High Court’s stance serves as a reminder of the legal obligations of election bodies and the serious implications of non-compliance.