New ‘crisis’ in Bengal: After HC pulls up poll panel chief, Governor refuses to accept his joining letter

Raj Bhavan sources said that Governor had called Sinha after he assumed office, but he did not meet him. “After the High Court admonished the State Election Commissioner, saying if it was difficult for him to take orders, he could step down, the Governor decided to not accept Sinha’s joining letter,” a source said.

“It’s an unprecedented constitutional crisis. The Governor had given his nod to Rajiva Sinha’s appointment as State Election Commissioner. There is no precedent that after giving the nod, the Governor has refused to accept the joining letter. We do not know what to do next. After consulting legal experts and top brass of officials, the state government will probably take a decision on this matter,” a senior official of the state government said.

The Governor’s refusal to accept Sinha’s joining letter followed High Court’s strong observations against him.

On Wednesday, the Calcutta High Court ordered the poll panel to deploy at least 825 companies – the number of central forces personnel deployed during the 2013 panchayat elections – in the state within 24 hours after taking exception to SEC’s requisition for only 22 companies of Central paramilitary forces.

The Division Bench of Chief Justice Sivagnanam and Justice Uday Kumar observed that if it was difficult for the State Election Commissioner to take orders, then he could step down.

“Very sorry state of affairs. You are a neutral body… We reposed great faith in the SEC (State Election Commission) and that is why we said that the ultimate decision must lie with the SEC. The court shouldn’t lose faith in the system, but if ultimately people are starting to lose faith, then what is the purpose of conducting elections?”

“The independence of the Commission should not be doubted. You have gone to the highest Court (Supreme Court). Now, accept their judgment. If it is difficult for the Commissioner (Rajiva Sinha) to take orders, he can step down. Probably, the Governor may appoint someone else. Even earlier there was no representation from the Commission. If they are so busy they better wind up their business, if they are not in a position to, then leave it to us, we will handle,” the Bench said while hearing a petition of Leader of Opposition Suvendu Adhikari and Congress leader Abu Hashem Khan Chowdhury who filed a contempt case against SEC for failing to seek Central forces within 48 hours of the High Court’s direction.

“The State Election Commission shall within 24 hours requisition a sufficient number of Central forces to be deployed to all the districts, and the number of companies/battalion, which are to be requisitioned, shall be not less than the forces which were requisitioned for the 2013 (panchayat) elections…”

Maintaining that the number of districts in West Bengal has increased from 17 in 2013 to 22 at present, and also that the number of the electorate has increased in these 10 years, the High Court said: “….Therefore, we expect that the State Election Commission to take note of this direction in a proper and effective manner and this Court hopes that the direction will be complied with in its letter and spirit and any attempt to make the order unworkable may result in adverse consequences.”

On June 13, the High Court had directed the SEC to requisition Central forces for deployment in the districts it noted as sensitive, and to assess the situation and deploy accordingly in other districts. Expressing unhappiness over the delay in complying with the previous order, the High Court on June 15 directed the deployment of Central forces in all districts. The SEC and the West Bengal government then moved the Supreme Court against the High Court’s orders. The Supreme Court dismissed their petitions, saying “conduct of elections cannot be a licence to violence”.

The High Court on Wednesday said: “We are of the view that such deployment of the Forces from other States to be in place on the date of polling will not yield the desired result… The State Election Commission shall independently assess the requirement and as observed earlier the assessment should be honest and bearing in mind that the State Election Commission has the constitutional obligation to ensure free and fair elections and to preserve the purity of the entire election process. We hope and trust that the directions be complied with effectively and immediately without loss of time.”

Meanwhile, sources in the SEC said they are seeking legal opinion on what to do next following the High Court’s order of deploying at least 825 companies of central paramilitary forces in the state. “We are consulting legal opinion whether we should again file an SLP in the Supreme Court or comply with the decision of the High Court,” said a senior official in the State Election Commission.