Calcutta High Court seeks affidavit from state election commissioner Rajiva Sinha

 Same bench had on June 13 asked SEC to deploy central forces in 'sensitive districts'

Lawyers raise slogans near the headquarters of the State Election Commission in Calcutta on Friday, demanding free and fair panchayat polls: PTI picture

Tapas Ghosh, TT, Calcutta, 24.06.23: Calcutta High Court on Friday asked state election commissioner Rajiva Sinha to file an affidavit by June 28 stating whether the poll panel was carrying out orders passed by the court regarding the deployment of central forces for the July 8 panchayat elections.

A division bench headed by Chief Justice T.S. Sivagnanam expressed surprise over the number of complaints filed before the court over submission of nominations for the rural elections.

The same bench had on June 13 asked the State Election Commission (SEC) to deploy central forces in “sensitive districts”. On June 15, the bench asked the commission to deploy the central forces in 22 districts going to the polls.

The court on Friday asked Sinha to file the affidavit stating whether the panel was carrying out the orders on June 13 and 15.

“Lots of complaints have been lodged before the court. Many willing persons had reportedly failed to file nomination papers due to application of force by ruling party members. It is unfortunate, at the same time unbelievable,” said the Chief Justice during the hearing of a case relating to various complaints by the leader of the Opposition Suvendu Adhikari on Friday.

The Chief Justice enquired about the deployment of central forces from the poll panel’s counsel Kishore Dutta.

Datta replied that the poll panel had already requisitioned 822 companies of central para-military forces from the Centre.

“Till date, the Centre has sent 315 companies of central force,” Dutta said.

Additional solicitor general, Ashok Chakraborty, representing the Centre said that more central forces would be sent to the state in phases.

Hearing this, the Chief Justice said the SEC can seek more forces from the Centre.

Sources in the poll panel said the Centre had earlier agreed to send 22 companies of central forces.

On Thursday, the central government informed the panel that it would send another 315 companies of central forces to the state against the requisition of 800 companies sent on Thursday.

“So far, the commission has received central’s approval for deployment of 337companies of central forces,” said a source adding that the poll panel has again written to the Centre asking it to send remaining companies of central forces.

Adhikari’s counsel, Saumya Majumdar, told the court if more central forces could not be sent, the polls could be held in a few phases akin to 2013 instead of a single-phase poll scheduled on July 8.

“If more central forces cannot be sent, the model of 2013 panchayat polls should be followed and polls can be held in multiple phases,” the counsel said.

Majumdar also alleged that at least 20,580 candidates could not file nominations.

“A retired judge of the court should be appointed as an observer for the polls,” Majumdar said.

The SEC counsel informed the court that the poll panel had already deployed 264 WBCS and 22 IAS officers as poll observers across the state.

NHRC order set aside

Justice Sabyasachi Bhattacharya of Calcutta High Court on Friday allowed the case moved by the state government and set aside a decision by the National Human Rights Commission to send observers for panchayat polls in Bengal.

The state had challenged the NHRC decision before the court.

Stay on CBI probe

The division bench headed by Justice Arijit Banerjee of Calcutta High Court on Friday granted an interim stay on the order passed by Justice Amrita Sinha of asking the CBI to conduct a probe whether Uluberia BDO had tampered with the nomination papers submitted by CPM candidates.