Bengal panchayat polls: When BJP, Cong spoke in similar voice, got HC’s ear

The two moved the High Court on June 8, the day after the panchayat poll schedule was announced by the SEC – including nominations to be filed between June 9 and 15 (with two days of leave in the middle), polling on July 8 and counting on July 11.

The court cleared their petitions for urgent hearing, and Tuesday’s order followed from the pleas.

Leader of Opposition Suvendu Adhikari’s petition

The 2018 example:

“… the previous Panchayat elections conducted in the State of West Bengal in the year 2018 were also marred by the vices of violence, due to which fair and transparent elections could not be conducted and there were many constituencies where the political opposition… could not even file their nominations. It is also pertinent to mention herein that the state was also witness (to) large scale violence at the behest of the political ruling dispensation… during the Assembly election conducted in 2021.”

The fear of violence:

“(The) Present litigation is in anticipation of such violence and is a bona fide attempt to prevent such large scale violence during the upcoming Gram Panchayat election, such that a fair and transparent election can be conducted, wherein the electorates can exercise their franchise without any fear or apprehension of any retribution. The instant litigation also seeks to provide protection to the candidates… contesting from the ticket of the political opposition… It is pertinent to mention that concerted efforts are being made by the ruling political dispensation in the State of West Bengal to create a sense of fear and panic among the electorates, such that the electorates do not come out to vote and the workers affiliated to the ruling political dispensation in the state can wreak havoc on the day of elections as well as counting, by means of booth capturing and other illegal means.”

Filing of nominations:

“… the respondent election commission has… given only 5 days time to file nomination to almost 73,000 seats and absolutely taunting exercise has been placed upon by the respondent Election Commission to make the entire election process otiose and farcical and make it beneficial for the ruling dispensation to rig the results of the polls. The respondent Election Commission ought to have provided a reasonable amount of time, preferably at least 12 days from the date of acceptance of nomination to file the nomination papers…”

Deployment of forces:

“… elections to the entire 73,000 seats would be held in a single phase. On previous occasions, it had been (seen) that even when polls were held in multiple phases, the State police was found to be incapable of maintaining law and order and ensuring a fair, free and transparent election, and hence since the polls are being held in a single phase, this calls for immediate deployment of Central Paramilitary Forces to ensure the conduct of fair, free and transparent election to the upcoming Gram Panchayat elections.”

Congress West Bengal chief Adhir Ranjan Chowdhury’s petition

Filing of nominations:

“… the commission acted in hot haste by issuing the press note on the 8th Day of June, 2023, the same day the state issued a notification from the 9th Day of June, 2023, till the 15th Day of June, 2023 (for filing of nominations). Such (an) act on the part of the commission smacks of malice….”

Deployment of forces, fear of violence:

“… there is dearth of Police and Administrative Forces in the State of West Bengal to conduct and/or conclude the Panchayat Election peacefully. During the previous elections of Panchayats and Municipalities held in the year 2018 and 2022 respectively, the State of West Bengal had witnessed unprecedented violence and barbaric attacks on the democratic rights of citizens. A large number of persons lost their lives and a large number of persons were injured. Opposition parties in the State of West Bengal also complained of democracy being turned into a farce… Considering the same, the commission (SEC) till date has not sought deployment of Central Armed Police Forces (CAPFs) for peaceful conduct of the upcoming Panchayat Election. It is pertinent to mention herein that there has been a precedent for deployment of a large number of CAPFs in the State of West Bengal in the Panchayat elections held in the year 2013, pursuant to order passed by the Hon’ble Supreme Court of India.”

SEC’s decisions:

“… high handedness of the commission are clearly evident and it is also evident that they have miserably failed to abide by their statutory duties. Furthermore, it seems that the commission has not taken lesson from the past considering its lackadaisical attitude in not seeking deployment of the CAPFs, implementation of online nominations including through WhatsApp and / or ensuring peaceful nomination in BDO and SDO offices with strict and appropriate security arrangements in presence of CAPFs, with a further option to file nomination at all stages… before the District Magistrate and also before the State Election Commissioner, and taking other precautionary measures.”