In what is being viewed as a “balanced” verdict the Calcutta High Court on Tuesday “amicably” settled the politically sensitive case between West Bengal State Election Commission and the State Government on the conduct of panchayat elections affording sufficient reasons to both sides to cheer.
While the division bench of Chief Justice Arun Mishra and Justice Joymalya Bagchi threw out the Commission’s plea to hold the elections under the supervision of central forces earlier upheld by the single bench of Justice Bishwanath Somaddar, it allowed its demand for a three-phase poll and even charted a scheme as per which the polls would be conducted.
However the court said “in case of short fall” the Government would “requisition the police force as may be necessary from central or other States.”
The judgment tended to bring a major respite to Bengal Chief Minister Mamata Banerjee, experts said.
The court directed the Government to notify the dates of elections in three days.
While the Government “welcomed” the decision and pledged to go by it by the evening the Commission’s counsel Samaraditya Pal expressed his dissatisfaction about the order. “I am not happy,” he said.
On whether the Commission was going to Supreme Court Election Commissioner Mira Pandey said, “We are examining the order,” adding, “let the State Government first come to us because they will have to do things in consultation with the Commission.”
Chief Minister Mamata Banerjee welcomed the order saying her Government had wanted rural polls since February last year but for the “concerted conspiracy” hatched by the left, Congress, BJP and the Commission adding however “all is well that ends well.”
Commission had cited the reports from the districts demanding 800 companies of central forces much to the chagrin of the State Government. Its prayer was granted by the single bench last week.
The court also directed the Government to send the names of the observers asked for by the Commission.
According to the order each highly sensitive booth would have two armed personnel and two unarmed constables. For the sensitive booths there would be only two armed policemen. For the less sensitive premises housing more than one booth there would be one armed and one unarmed constable each. For the normal category one armed policeman would be provided.
There are little more than 57,000 booths in the State out of which abut 36,000 booths are either highly sensitive or sensitive necessitating at least two armed personnel as per the Court’s order. SEC sources said they would need at least 64,000 additional forces in this case from the other States. The State currently has 34,000 armed personnel out of which about 25,000 forces could be spared for the polls.
later on Tuesday evening while sources said the Commission was proposing three dates --- July 2, 4 and 6 --- for the polls Panchayat Minister Subroto Mukherjee said “The Government would give the dates of polls after a message from the Chief Minister comes.”
Curiously Mukherjee interpreted the “historic order” as a victory for the Government’s stance even as the Court expressed “our gratitude” to the respective parties for “reaching to the aforesaid consensus.”
Doubting the outcome of the polls CPI(M) State secretary said “we are not sure whether impartial polls can be ensured by the State police functioning under the current regime.” PCC president Pradip Bhattacharya expressed the same mood.