The High Court of Calcutta on Wednesday directed the West Bengal State Election Commission (WBSEC) to requisition within 24 hours, adequate Central forces in all districts of the state for the Panchayat polls, scheduled to be held on July 8.
The Division Bench of Chief Justice T.S. Sivagnaman and Justice Uday Kumar said that in 2013, the Panchayat elections were held in the state in five phases for 17 districts. Back then, the strength of state police requisitioned was 1,05,000 and for the Central forces was 82000.
Noting that Panchayat polls 2023 would be fought for 22 districts in a single phase, the Division Bench directed the SEC to ensure that the number of battalions to be requisitioned was not less than the force requisitioned in the 2013 election.
It said since the number of districts and the electorate have increased in the past 10 years, the SEC was directed to requisition deployment of a sufficient number of Central forces for the elections.
The High Court further said that it hoped that the Commission would implement the decision in a proper and effective manner, adding that its directions must be complied with in letter and spirit. Any attempt to make the order unworkable would have adverse consequences, it added.
Perusing a letter annexed in the SLP for requisition of forces from Punjab, the High Court said it was surprised to know that the police force was requisitioned to reach only by July 6, 2023.
The Division Bench observed that in the earlier proceedings, the High Court was made to believe by the SEC that sufficient force had already been requisitioned from neighbouring states.
It said the court was of the view that requisition had been made and they would be present till the entire process was completed.
Surprisingly, the SEC’s submissions were contrary to their written communication with the Punjab government, it noted.
The Chief Justice said that this could be taken as an attempt to mislead this court as the High Court even in the earlier orders had made it clear that Central forces would be requisitioned for the entire forces and not on the date of polling alone.
Coming down heavily on the SEC, the Division Bench said it failed to understand why the SEC was still not taking an independent decision in the matter.
Noting that on June 13, the High Court had asked the SEC to identify sensitive zones, the High Court that since the directions were not taken well by the SEC, it necessitated another order on June 15 directing deployment of forces in all districts. The High Court order of June 15 was affirmed by the Supreme Court also, it noted.
Taking in view the submission of the SEC that one company of Central force was requisitioned for each of the 22 districts and the petitioner’s argument that one company consisted of only 80 active personnel, the High Court observed that the total active Central force currently deployed in the state was around 1700, which was thoroughly inadequate.
The Division Bench recalled that in 2013, the SEC had taken the State to the Supreme Court over the deployment of Central forces in Panchayat elections.
It said it failed to understand as to what had happened to the independence and supremacy of the SEC in the ensuing elections.
Stating that it hoped and trusted the SEC to comply with the High Court’s directions effectively without any loss of time, the Division Bench listed the matter for further hearing on Friday.