West Bengal Panchayat Polls: Calcutta High Court refuses to extend deadline for filing nominations; orders deployment of central forces

The Calcutta High Court Tuesday refused to issue directions extending the time for candidates to file their nominations papers in the upcoming West Bengal panchayat elections. .A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya said that the the State Election Commission (SEC) is an independent and competent body and the West Bengal Panchayat Act, 1973 allows the SEC to alter any date other than date of polling and results. It clarified that for altering polling dates, the SEC has to furnish reasons and then make a reference to the State government, which after recording it's satisfaction, can revoke the initial notification of the election dates."However, for extending dates other than the polling date, the discretion lies with the SEC. It being an independent body, it is competent to do so. Therefore, we leave it to the discretion of the SEC, to extend the dates, if it deems it fit," the Court held. It also refused to appoint a retired High Court judge as an "observer" of the polls. It noted from the report filed by the SEC that senior officers of the West Bengal Civil Services and also the officers from the IAS cadre have already already appointed as observers for the polls which are slated to be held next month. "We are sure that the senior officers are bound to act in due diligence and for the purpose for which they are appointed as observers. Mandate of the election commission is to have free and fair elections, maintain its purity. Decisions of the commission, based on expert legal opinion, cannot be interfered with by this court in a routine manner. Therefore, senior officers of West Bengal Civil Services and IAS officers would ensure free and fair elections and maintain its purity. Thus, we don't see any reason for appointing a retired judge as an observer," the bench opined. As far as the prayer for deploying paramilitary forces is concerned, the bench said the SEC must immediately requisition central forces and deploy them especially in the seats, which the polling body has already declared to be "sensitive.""Going by pass incidents when the courts had to intervene on more than 12 occasions and order deployment of central forces or order central agencies to probe the violence incidents during polls or religious/political congregations, thus the State and SEC should and shall requisition central forces for the polls. Election commission must forthwith requisition central forces firstly for seats which are declared sensitive," the bench ordered. .The order was passed on two public interest litigation (PIL) petitions filed by Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari. Both the politicians moved the Court challenging the notification issued by the SEC on June 9, notifying the schedule of the three-tier (Gram Panchayat, Panchayat Samiti and Zilla Parishad) Panchayat elections. The notification granted the candidates a total of five days to submit their nomination papers, i.e. till June 15. The petitions contended that merely five days would not be sufficient as it there is also a Sunday in between and that the officials accepting the nomination forms work only till 3pm. They contended that over 3.65 lakh odd candidates are contesting the nearly 75,000 seats and thus, five days time would not be sufficient. Besides this, the petitions also sought deployment of central forces, installation of CCTV cameras and other prohibitory measures to avoid any incident of violence during the polls. Notably, the petitions contended that several block offices, where nominations are to be submitted, have been captured by the ruling Trinamool Congress workers and thus there is a risk to the life and limb of the candidates, who wish to contest. Hence, they prayed that they should be allowed to submit nomination papers online or before the concerned District Magistrate. .In its order, the Court noted that the State has to come up with a workable plan for installation of CCTVs across the polling stations. "Both the State and the SEC has to ensure that no polling station escapes such survillance. Also, places where it is technically difficult for installing CCTVs, the authorities will have to ensure that the entire process is videographed," the bench clarified. The Court also refused to allow candidates to file their nomination forms through online mode or to submit their nomination papers before the District Magistrate..Further, the Court made it clear to the SEC that it should not allot any work beyond what is permissible to contractual workers, civic volunteers and even the NCC boys. Finally, on the prayer for protection of government servants, who will be deployed on poll duties, the bench said that since paramilitary forces are ordered to be deployed, it will take care of the safety and security of the polling officers. "Where central forces aren't deployed it would be the duty of the State Police to protect their lives. This direction must be implemented in letter and spirit without giving any room for laxity," the Court made it clear.