On June 26, a plea was mentioned before the Calcutta High Court seeking stoppage of Panchayat Elections 2023 and a declaration of State emergency in West Bengal. Notably, the Panchayat Elections, scheduled for July 8, are marred with controversies, from the forced withdrawal of about 20,585 nominations of Opposition parties’ candidates, alleged violence preventing their candidates from filing nominations and the lax behaviour of the State Election Commission.
The plea was mentioned before a Division Bench, comprising of Chief Justice Sivagnanam and Justice Ajay Kumar Gupta, stating, “The election process should be stopped, and directions should be issued on the Central government, Home Ministry to declare emergency after getting a report from the Governor…if they find fit that emergency should be declared in this cases, then the postponement of panchayat election is required…”
Article 356 of the Constitution of India empowers the President to declare a State emergency in case of failure of the constitutional machinery in the State. If the President, on receipt of a report from the Governor or otherwise, is satisfied that a situation has arisen in which the State government cannot be carried out per the Constitution’s provisions, then the President may proclaim a State emergency.
Controversies Around Panchayat Elections 2023
The West Bengal Panchayat Elections are marred with controversies, from the forced withdrawal of about 20,585 nominations of Opposition parties’ candidates to ruling TMC’s candidate Mohinuddin Gazi filing nomination while in Saudi. The Opposition parties are united in their allegations against the ruling TMC, alleging violence preventing their candidates from filing nominations and the lax behaviour of the State Election Commission.
Notably, BJP Leader of Opposition in the West Bengal Assembly Suvendu Adhikari moved the Calcutta High Court alleging that the State Election Commission’s wilful non-compliance with the court’s past orders, especially orders pertaining to directions for requisitioning Central Forces to ensure free and fair elections in the State.
On June 21, the court’s Division Bench, comprising Chief Justice TS Sivagnanam and Justice Uday Kumar, criticised the State Election Commission for requisitioning mere 22 companies of Central Forces, compared to the deployment of 825 companies in 2013.
The court’s oral remarks indicated a sense of doubt about the State Election Commission’s independence. The court further remarked that the Commissioner could step down if unable to take orders and that the Governor would appoint someone else. The court further remarked that if the commission is “so busy, ” they “wind up their business,” stating that if they can’t handle it, they should leave it to the court.
However, the controversies do not end with requisitioning inadequate Central Forces. On June 22, the court’s single judge, Justice Amrita Sinha, heard the case concerning a TMC candidate Mohinuddin Gazi filing nominations from Saudi Arabia. She said, “Some candidates are filing nominations without going (to the centre). Where is the candidate? What needs scrutiny? What are the officers doing?”
Notably, Justice Amrita Sinha directed a CBI probe into a case concerning tampering with the nomination documents of two candidates on June 21, stating that it would not be prudent for the state investigation agency to probe the matter. The court directed the CBI to file a detailed report by July 7, a day ahead of the Panchayat Polls.
On June 22, the Calcutta High Court sought a response from the West Bengal State Election Commission on the anomalous situation concerning the 2023 Panchayat Elections, wherein an astronomical 20,585 withdrawal of nominations occurred. The court directed the commission to file their affidavit by June 27, 2023 and listed the case for the next hearing on June 28. In the abovementioned case, the court noted that the court had been flooded with cases concerning the West Bengal Panchayat Elections, observing that the court’s Regular Bench, another Division Bench of the court, and two single-judge benches of the court are engaged with the cases concerning the Panchayat polls.
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