2013 Bengal panchayat polls: When SEC went against TMC govt

In the 2013 instance, the clash between Mamata and then State Election Commissioner Mira Pande started long before the panchayat poll process had begun.

Having come to power for the first time in 2011, riding on a “poribartan (change)” wave, Mamata wanted the panchayat polls to be held as soon as possible. She sought dates by the end of 2012. Pande opposed this.

The State Election Commissioner also rejected the CM’s suggestion to hold the polls in February 2013, asserting that the panchayat elections would be held as per schedule, before the term of the self-governing bodies expired on June 10, 2013.

When the elections finally came around, the TMC government pressed for polling in one phase, without the deployment of Central forces. The SEC put its foot down, saying the existing law and order situation necessitated Central forces in order to hold free and fair polls.

Mamata finally wavered and agreed to two phases, but Pande insisted on elections in three phases. Senior TMC leaders criticised Pande openly, with then party MP Mukul Roy calling her an “agent” of the CPI(M).

In 2010, Pande had been given an extension of two years by the erstwhile Left Front government. But SEC officials pointed out that the extension was in line with the recommendations made by the Union Panchayati Raj Ministry.

After several meetings between Pande and the state government failed to resolve the stalemate, the matter went to the Calcutta High Court. A Division Bench of the court ordered the elections to be held in three phases before July 15, with the state government and SEC in consultation; and said the deployment of paramilitary forces would not be mandatory.

Then, till the last moment, the government disagreed with the SEC over the number of districts that would go to polls in the respective phases.

The TMC government put forward its suggestion for distribution of districts phase-wise – 9, 4 and 4, with June 24, 27 and 30 as the respective poll dates. But the SEC wanted a 6-5-6 distribution of the districts. Later, the two agreed on a 9-4-4 district distribution, with July 2, 6 and 9 as the polling dates.

Then, just ahead of the panchayat elections, Pande moved the Calcutta High Court over the state government declining to requisition for Central forces, followed by the Supreme Court, seeking elections in multiple phases, with Central forces.

The Supreme Court ruled in Pande’s favour, ordering a five-phase election with armed police manning all booths.

As per Section 42 of the West Bengal Panchayat Elections Act 2003, the state government must “consult” the SEC in deciding the polling schedule. “Consultation should be treated as concurrence and not just exchange of letters,” a former state chief electoral officer, who did not want to be identified, said.

Section 43 of the same Act makes the SEC solely responsible for peaceful conduct of the polls, with Section 4 of the West Bengal State Election Commission Act, 1994, giving it protection from government influence.

This time, two days after the Calcutta High Court ordered the deployment of Central forces for the panchayat polls in West Bengal, the SEC and TMC government decided to move the Supreme Court against the directive.

The current State Election Commissioner, Rajiva Sinha, was appointed on June 7, and announced the much-awaited panchayat polls the very next day. He directed that the polls be held in a single phase on July 8, with counting of votes on July 11.

In 2018, the State Election Commissioner was retired IAS Amarendra Kumar Singh. He agreed with the Mamata government to conduct elections without Central forces. The polls were conducted in three phases – with 12 districts voting on May 1, 2 on May 3, and 6 on May 5.

The period before the voting and the polling in 2018 were marked by widespread violence and about 40 deaths. As many as 34% of the seats were won uncontested by the TMC as the Opposition could not file nominations.