The Supreme Court today refused to hear the BJP plea for Central police forces to aid and assist the West Bengal State Election Commission to ensure free and fair polling in the West Bengal municipal elections and asked it to approach the Calcutta High Court.
The bench of Justices L. Nageswara Rao and B. R. Gavai asked Senior Counsel Maninder Singh appearing for the BJP to withdraw the plea and approach the Calcutta High Court. The bench observed that if such matters are entertained, it will open the door for similar cases in the Supreme Court.
The Court was hearing the petition filed by the BJP through Dr Sukanta Majumdar, Member of Parliament and President of the party’s West Bengal unit. He had submitted that after BJP nominated and finalised the candidates for Kolkata Municipal Corporation elections, they have been receiving threats from the ruling Trinamool Congress members and are being pressured to withdraw their candidature.
The petitioner argued that these threats and violence “cast grave infractions on the constitutional mandate of conducting free, fair and democratic election”. The plea had made the following prayers :
(i) Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to discharge their constitutional and statutory duty by ensuring maintenance of peace, security and safety in areas where the municipal elections are to be conducted.
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(ii) Directions to provide an action plan laying out the measures being taken by them to ensure no pre-poll or or post-poll violence erupts.
(iii) Directions to the Union of India to dispatch Central Police Forces to aid and assist the West Bengal State Election Commission, in holding free and fair elections.
(iv) Directions to West Bengal State Election Commission, State of West Bengal, Home Secretary (Police), DG & IGP West Bengal, and Kolkata Police (Respondent No. 1-5) to provide adequate security to the candidates so they can participate and campaign and stand for elections as candidates from their respective constituencies.
(vi) Directions to ensure that quick and effective action is taken with regards to the complaints filed by the candidates of the BJP regarding the threats they are receiving from members of other parties.
(vii) Directions to place on record the comprehensive action plan to combat instances of pre and post-poll violence.
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