Why Can’t You Control Situation? Calcutta HC to State Election

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Calcutta High Court
Calcutta High Court

The Calcutta High Court recently expressed its deep concern over the State Election Commission’s (SEC) inability to maintain peace during the West Bengal panchayat elections, which took place on July 8. The court’s dissatisfaction was primarily directed towards the shifting of blame for the violence that marred the electoral process.

Chief Justice TS Sivagnanam, leading the bench, voiced his frustration over the situation. He questioned the purpose of the court’s numerous orders if the responsibility for the violence was continually being passed around. He stated,

“One is blaming the other. The other is blaming someone else. What is the point of passing so many orders by us then?”

Addressing the SEC directly, the Chief Justice highlighted the court’s receipt of numerous complaints about the violence that occurred during the polls. He remarked,

“Why couldn’t you control the law and order situation? Do you know, our Registrar has received over 44 plus emails highlighting the issue of violence, etc.”

In response to the escalating situation, the court had previously ordered the state government to submit a report detailing the widespread violence that reportedly took place in various districts of West Bengal during the elections. The SEC, in its report, denied any illegality during the nomination withdrawals, asserting that the process was videographed. The court took this report on record.

In the weeks leading up to the panchayat polls, the High Court was inundated with petitions alleging poll-related violence, irregularities in nomination filings, and malpractices in the manner of nomination withdrawals. A significant number of petitioners claimed that members and agents of the state’s ruling party, the Trinamool Congress Party (TMC), were responsible for instigating such violence.

In an earlier order, a bench led by Chief Justice Sivagnanam had directed the deployment of central paramilitary forces to prevent potential violence during the poll process. This order was challenged by the SEC in the Supreme Court. However, the apex court refused to interfere with the High Court’s directive. Amid contempt petitions filed by opposition party leaders, the SEC eventually agreed to comply with the order for deploying central forces.

In a recent directive, the High Court ordered that central paramilitary forces should continue to remain deployed in West Bengal for 10 days after the declaration of results. This ongoing situation underscores the challenges faced in ensuring free and fair elections, and the crucial role of the judiciary and election commissions in maintaining law and order during such events.

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