Trinamul Congress demands Supreme Court-monitored election in statement of no-confidence against ECI

While BJP mocked the idea, constitutional experts said it was not likely to be entertained by apex court

TT, Calcutta, 20.03.24 : Trinamul on Tuesday demanded a Supreme Court-monitored general election in a statement of no-confidence against the Election Commission of India, which it alleged has been compromised in the saffron regime.

While the BJP mocked the idea, constitutional experts said it was not likely to be entertained by the apex court.

Trinamul’s leader in the Rajya Sabha, Derek O’Brien, issued a statement on X on Tuesday morning, accusing the BJP of “filthy tricks” to ruin the impartiality of the constitutional institutions, such as the commission.

“BJP’s filthy tricks destroying institutions like ECI. Are BJP so nervous to face people that they are turning ECI into a party office to target Oppn?” he wrote.

“ECI or HMV? Transferring officers of elected State govts!” he added, a day after the commission removed Rajeev Kumar as the acting director-general of the state police and was replaced with Vivek Sahay by Nabanna, the state secretariat. Later on Tuesday, the commission replaced Sahay with Sanjoy Mukherjee. “For free & fair elections WE WANT SUPREME COURT MONITORED ELECTION 2024.”

Amid criticism from the BJP, Trinamul was asked whether it was serious in its demand.

O’Brien’s colleague in the Rajya Sabha, Sagarika Ghose, said: “This issue of approaching the Supreme Court is being considered.”

“What I will say is that democracy is not just about elections. A democracy is about free and fair elections, and elections with a level playing field,” added Ghose. “We as a party are interested in ensuring that… and for this we will take every measure that we can.”

Trinamul chief Mamata Banerjee was scathing in her criticism of the poll panel's alleged bias towards the BJP and its hyperactivity against her party in Bengal in the 2019 Lok Sabha election and the 2021 Assembly election. There are fears in the state’s ruling dispensation of a “partisan role” by Nirvachan Sadan this time as well in Bengal.

“Until now, how a seven-phase election has been given to Bengal, the manner in which the Election Commission in the past has not acted against instances of hate speech when they are from members of the BJP... the commission seems to be creating an election in which the dice are loaded in favour of one particular party,” said Ghose.

Bengal BJP chief Sukanta Majumdar responded with derision. “Derek O’Brien and other Trinamul leaders will now make a new Constitution," he mocked.

Majumdar added: “Let’s entrust Mamata Banerjee with the responsibility of writing a new Constitution, whatever she writes will happen.”

“The commission exists as a constitutional body. It has been empowered by the Constitution for the work it does. The commission will not work according to Mamata Banerjee’s whims, unlike the state election commission,” he said.

Constitutional experts said there was little likelihood of the apex court entertaining this plea from Trinamul, should it move the highest judiciary in the country on this.

Justice (retired) Asok Kumar Ganguly, a former Supreme Court judge, said under Article 329(b) of the Constitution, once an election is declared, till the process ends with the publication of the draft results, there is no jurisdiction of the court to interfere.

“The court does not have the jurisdiction to even hear such a plea,” he said.