In a landmark Judgment the Calcutta High Court on Thursday introduced an element of accountability among senior Government functionaries responsible for conducting free and fair elections saying violence and loss of lives and property during elections would be compensated by the Government and the officers who submitted status reports on satisfactory law and order situation would be held liable for their reports.
Disposing of petitions complaining "hopelessly inadequate" security measures in the three-tier May 14 panchayat elections already mired by bloodshed at the nomination stage which saw about 10 deaths and more than 34 percent of the seats going to the ruling Trinamool Congress unopposed the Division Bench of Chief Justice Jyotirmay Bhattacharya said the Court would rely on the report on security placed by the State Election Commission and hence would not intervene in the election process.
"The Court said that since the Commission was satisfied with the security framework provided by the State Government it will have to be relied on but reminded loss of life and property would be required to be adequately compensated by the Government and the compensation money would be realised from the salary, property of the officials who filed report on adequate security" said CPI(M)'s Rabin Deb.
If the salary and property of the officials were inadequate for compensation then the Government and the Commission would have to fill the deficient money, lawyers quoting the order said adding, "this is for the first time that the officials who function as stooges of their political masters and not responsible servant of the people and the Constitution have been made liable and accountable for their act of public security.
The Court, however, refused to interfere in the election process. "This means that the Court has made the Government, Election Commission and the officials jointly and severally liable," said lawyers.
The petitioners had questioned adequacy of security forces in the elections. In 2013 the then SEC Meera Pandey went till the Supreme Court to bring central forces.
"last time 82,000 central forces and about 86,000 State armed police were used in five phase polls. But this time the Government has only 46,000 armed police force and 82,000 civic volunteers to conduct the elections. More laughably they have arranged for forest guards and excise department officials to man violence-torn elections. This is bizarre," said BJP leaders.
Division Bench of the High Court led by Justice Biswanath Samaddar had on Tuesday allowed e-nomination in the panchayat elections. This, for those who had filed their nominations within 3 pm on April 23 the extended date for filing of nomination after failing to do so physically on account of massive violence and resistance from theTrinamool goons.
The Supreme Court hearing an appeal on the impugned order of JusticeSamaddar however put a stay on e-nomination which will be heard inJuly. The Apex Court however, stayed publication of results of the seats won uncontested till the next hearing.
Meanwhile even as the BJP, CPI(M) and the Congress expressed dissatisfaction at the Court's verdict --- the impact of the Calcutta High Court order saw the SEC acting in a more cautious way stretching the poll process till May 21 sources said.
The SEC had earlier decided to hold a single phase election for about 58,000 seats on May 14 result for which would be declared by May 18. But after the Thursday's order the Commission decided to hold elections to about 39,000 seats on May 14, initial reports said.