In a significant development, on 16th June 2023, the West Bengal Government and the State Election Commission decided to challenge the order of the Calcutta High Court regarding the deployment of central forces during the upcoming Panchayat elections. The High Court, on June 15, had directed the deployment of central paramilitary forces in all districts of West Bengal, a decision that faced opposition from the state government. The court had asked the SEC to seek central forces from the centre within 48 hours.
The Chief Justice of the Calcutta High Court, TS Sivagnanam, and Justice Uday Kumar had issued the order, emphasizing the need for the presence of central forces throughout the state, not just in sensitive areas. The court had criticized the State Election Commission for its failure to identify sensitive areas for the deployment of central forces, as previously instructed by the court.
Initially, the State Election Commissioner, Rajiva Sinha, had indicated compliance with the court’s order, but within 24 hours, the state government and the election commission changed their position. In a meeting with the ADG Law and Order and the Home Secretary, they decided to challenge the High Court’s decision in the Supreme Court.
The state government and the State Election Commission will file separate cases in the Supreme Court tomorrow, seeking to challenge the order to deploy central forces. The Commission’s argument will revolve around the ongoing evaluation of sensitive booths, claiming that no decision has been made in this regard yet. It is notable that the High Court had ordered the deployment of central forces in all districts only because SEC could not identify sensitive areas.
The state government, led by Chief Minister Mamata Banerjee, has strongly criticized the deployment of central forces and intends to contest the verdict in the apex court. The state will argue that it has the necessary police force to conduct the election and doesn’t need central forces. The state govt has even proposed to deploy police from other states but is unwilling to allow the presence of central forces during the polls which is expected to be violent and volatile. Earlier in the morning today, the West Bengal govt withdrew a review petition it had filed at the High Court against the order, indicating that it was moving Supreme Court instead.
SEC and West Bengal govt will file the petitions at the apex court on Saturday morningng through e-filling, and will demand early hearing.
Opposition parties, including the Bharatiya Janata Party (BJP) and the Congress, have filed caveats against the High Court ruling, demonstrating their concern over the implications of the decision on the electoral process.
The dispute surrounding the deployment of central forces during the Panchayat elections in West Bengal has brought to the forefront the political dynamics and the debate over maintaining law and order. The state government had advocated for the deployment of police from opposition-ruled states to ensure fair elections, but the High Court’s order firmly asserted the necessity of central forces to safeguard the electoral process.
The Calcutta High Court’s stern remarks towards the State Election Commission for impeding the implementation of its order highlighted the judiciary’s determination to uphold its decisions. The court warned the Commission against delay tactics and even raised the possibility of contempt proceedings if the court’s orders were not adhered to.
With the West Bengal Government and the State Election Commission now challenging the High Court’s decision in the Supreme Court, the legal battle over the deployment of central forces is poised to continue. The outcome of the apex court’s verdict will be eagerly awaited by political circles and the residents of West Bengal, as it will have a profound impact on the conduct and fairness of the Panchayat elections.
The Supreme Court’s decision will ultimately determine whether central forces will be deployed as ordered by the Calcutta High Court or if alternative measures will be considered to ensure a smooth and secure electoral process in West Bengal.
