January 22 civic elections Can polls be deferred, HC asks; SEC call today

An official said the government also favoured the postponement of the civic polls by at least three weeks. “The government will send this suggestion to the State Election Commission by Saturday afternoon,” said the official.

The ruling TMC on Friday wrote to SEC, seeking deferment by at least three weeks. A senior SEC official told The Indian Express: “”We are just waiting for the official request of State Government. It is already decided that the election will be postponed by at least three weeks.”

A division bench of Chief Justice Prakash Srivastava and Justice Ajay Kumar Mukherjee said, “We dispose of the present petition with a direction to the State Election Commission to consider the galloping speed with which the COVID cases are increasing and also to take into account the issue if holding of elections in such a situation will be in the public interest and if free and fair elections will be possible on the dates notified, and take a decision in respect of the postponement of date of elections of aforesaid four Municipal Corporations for a short period of 4 to 6 weeks.”

The court directed the SEC to arrive at a decision within 48 hours.

“The respondent State Election Commission is directed to take a decision in this regard within a period of 48 hours. It will be open to the petitioner to submit all the relevant material relating to existing COVID situation before the Election Commission without any delay so that it can be considered by the Election Commission while taking the decision,” said the court.

The SEC on Thursday informed the court that it was not empowered to postpone the elections unless the state government declared an emergency. It said, “It does not have the power to defer the election dates once the dates have been notified unless the state government declares such a disaster or an emergency which would make it impossible to hold such elections.” In line with this argument, the SEC has decided to meet the chief secretary and disaster management officials on Saturday.

Senior advocate and CPM MP Bikasharanjan Bhattacharya said, “Since the Election Commission is a constitutional body, this (HC) decision has been taken keeping in mind its (SEC’s) dignity. It has been seen time and again how the State Election Commission cannot take any independent decision. It has become dependent on the state government.”

Commenting on the HC’s direction, BJP leader Shamik Bhattacharya said, “Honorable Justice understands how bad the situation is. So let’s see what the commission will do. We think that whatever the chief minister decides will be the decision of the State Election Commission.” The state BJP’s youth wing on Friday launched the Covid helpline 9873767127 number to assist patients. However, TMC MP Saugata Roy said that the party would abide by High Court directions. “But voting is taking place everywhere.”