Cal HC directs SEC to examine ground situation in municipalities going to polls, take call on paramilitary force deployment

  • | Wednesday | 23rd February, 2022

Kolkata, Feb 23 (PTI) The Calcutta High Court Wednesday directed the State Election Commissioner to examine the ground situation in each of the 108 West Bengal municipalities going to polls on February 27, and take a decision on deployment of paramilitary forces.A division bench presided by Chief Justice Prakash Shrivastava, hearing petitions including one by a state BJP leader, said if the commissioner decides against deploying paramilitary forces, then he will be personally liable to ensure that violence-free and fair elections take place.Directing the commissioner of the SEC to collect information on conditions prevailing in municipalities where polls are scheduled, the bench, also comprising Justice R Bharadwaj, asked him to hold a joint meeting with the home secretary and the DGP within 24 hours.The court asked the commissioner to take a decision in writing "by mentioning the relevant circumstances in support of his decision to deploy/not to deploy the paramilitary forces," in each of the 108 municipalities.Praying for direction to the SEC to deploy paramilitary forces for the February 27 polls, the petitioners had alleged that a state of terror is prevailing and in almost 10 per cent of the municipalities going for polls, ruling Trinamool Congress candidates have won uncontested as nominations were not allowed to be filed by other contestants.Opposing the plea, the SEC counsel submitted before the court that its earlier direction of February 10 was complied with and assessment of ground situation to deploy paramilitary forces for the Bidhannagar elections, as had been prayed for by the petitioner, was done and no need for the same was found.He claimed that only stray incidents of violence had taken place during elections to four municipal corporations earlier this month.The SEC counsel also denied allegations of candidates being illegally prevented from filing nomination forms.The petitioners also claimed the SEC was acting in a partisan manner and that despite announcement of the poll dates, acting against the Model Code of Conduct, the state government was undertaking new schemes to woo voters.The high court said that announcement or promise or commencement of any new scheme/project is not permissible, but continuation of it is not affected."We direct the State Election Commission to examine if the schemes have been allowed to operate violating the Model Code of Conduct" and not to permit their implementation till the elections are over if they violate the MCC, the bench said. It also asked the SEC to appoint observers for the municipal elections."Having regard to the nature of allegations which have been made in this petition, we are of the opinion that the Election Commission should appoint impartial officers of IAS cadre as observers," the bench directed.The court directed the SEC to take steps to install CCTV cameras at conspicuous spots in all the main and ancillary booths, and preserve the footage.Mauve paper seals should be used in all the ballot units, it added. PTI AMR RBT RBT


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