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Journalism of Courage
ALL eyes were set on a three-storey modest looking building on Rawdon Street in central Kolkata on Monday,where a decision was to be taken on how the stand-off between the state election commission and the government led by Mamata Banerjee over the holding of the panchayat elections would pan out in the days ahead.
After a marathon four-hour-long meeting chaired by poll panels chief Meera Pandey,the commission decided that for now it would ask the government to review its controversial March 22 notification by exercising the power conferred on it by Section 43(2) of the West Bengal Panchayat Act,2003.
Interestingly,on Friday night when the government had issued the notification,Panchayat Minister Subrata Mukherjee had quoted another provision of the same Act Rule 203,Section 42.
Having its proposal for a three-phase poll for the three-tier panchayat system completely trashed by the government,the commission in its 11-page letter to the government has also posed some tough questions.
The Indian Express has learnt that the commission has sought explanation on why the government was keen on holding the elections in the 14 districts on one day and the remaining three districts Malda,Murshidabad,and North Dinajpur,all Congress bastions on a separate day.
It has also sought clarifications regarding the sudden transfer of 19 Block Development Officers (BDOs) and two Sub-Divisional Officers last week. It is to be noted here that during the panchayat elections the BDOs serve as returning officers and according to the commissions officials,these BDOs had already been given training on holding the polls in their respective areas.
It has also sought to know how the government plans to distribute state armed police personnel in the 59,000 booths over the two phases.
After the meeting concluded,Tapas Roy,secretary of the poll panel,panel told mediapersons that it expects that the government will consider their suggestions with due respect.
However,that the 11-page letter was only the first step and that the commission was prepared for a long haul in the current tig of war was evident when Roy hinted that the commission may choose legal course also,but later.
We have the right as guaranteed under Article 243K of the Constitution at the back of our mind. If the situation arises,we will look at that (too). We will act according to the contingency of the situation, Roy said.
According to the commission officials,in 2006 the Supreme Court delivered a verdict in which they referred to the Article and said the state election commision could move court in case of a tussle between it and the respective state government.
With doubts being raised that a legal battle could eventually delay the holding of the panchayat election and that could lead to a constitutional crisis,commissioner Meera Pandey said: There is enough time as the tenure of the panchayats is ending at different times. Some in end of June,others in July and August.
Same Act,different clauses
n While govt had cited section 42 of West Bengal Panchayat Act,2003 to justify its issuing of the notification,SEC cited 43(2) of the same Act on Monday
43(2): states that when the SEC at any time after the issue of notification under Section 42 is of the opinion that it is not possible to hold election in the date/ dates so notified by the government for reasons which it considers sufficient and justified ,it shall refer the matter to government and the state government shall on being satisfied by the reasons shown by the commission revoke the earlier notification.
42: stipulates that the state government in consultation with state election commission shall issue notification for panchayat polls.
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