The Supreme Court on Tuesday placed Constitution above religion as it held to its Constitutional mandate to conduct peaceful elections to the panchayat bodies in West Bengal. This was, however, not agreeable to the Muslim population in the State, constituting one-third of Bengal population, as the period of election (July 11-25) fell during the holy month of Ramzan.
Muslim bodies had urged the court to respect their religious sentiments since the month of Ramzan required them to abstain from even food or water. The court had on June 28 fixed a five-phase poll in the State to be held on July 11, 15, 19, 22 and 25. Being a period of fasting and prayer, Muslim groups requested the court to shift the elections beyond Ramzan which ended on August 9. In the alternative, it was proposed that the last two phases which involved maximum Muslim pockets should be accommodated before July 11.
The bench of Justices AK Patnaik and Ranjan Gogoi held the State responsible for the current impasse. It said, “If you (State) wanted elections you should have given forces and stop this dilly-dallying attitude.” The court was responding to a fresh proposal by the State to deploy 50,000 security personnel instead of 35,000 which it had committed to court on the previous date of hearing.
The non-availability of Central forces before July 11 due to their deployment in Uttarakhand flood-relief operations led the court to drop the suggestion of advancing the election dates. On postponement of election schedule, the court had to cautiously tread the thin line of religious sensitivity.
“We like to respect the sentiments of people…but as judges of the Supreme Court we have to go by the Constitution,” said the bench. Given the options before it, the judges said that they were bound by Constitutional mandate of Article 243E which casts an obligation to put a new local body in place before its expiry or by the latest possible time.
As the panchayat bodies in WB expired in May/June, the bench posed a question to all senior counsels
representing the State Government and Muslim groups: “Should we bypass the Constitution and respect the Ramzan period. The term of panchayat bodies has expired, and this cannot be overlooked by us.”
The aforesaid compulsions forced the Muslim groups and the State to beat retreat as the court maintained its earlier order. The court directed the
State to issue notification announcing the five phased elections. On request of the Centre which had been directed to deploy close to 25,000 personnel for conduct of peaceful local body polls, the court directed that its order will not be a precedent.
This was necessary as Additional Solicitor General Rakesh Khanna pointed out that no local body elections in the country has witnessed such a massive deployment of Central forces.