On July 6, the Calcutta High Court directed the West Bengal Police to submit a report on allegations that people supporting BJP are being implicated in false criminal proceedings to prevent them from participating in or carrying out political activities in the West Bengal Panchayat Elections 2023.
The court said, “Since allegation has been made that supporters of a particular political party are being implicated in a criminal proceedings unnecessarily this Court finds it apt to direct the Superintendent of Police, Cooch Behar, to make an enquiry upon deputing competent senior police officials of the district and prepare a report and submit the same on the next date of hearing of the writ petition.”
The court was hearing West Bengal BJP MLA Malati Rava Roy’s Writ Petition expressing apprehension that there will be further deterioration of law and order in her constituency during the ensuing panchayat elections.
The petitioner’s counsel drew the court’s attention towards four FIRs filed under various provisions of the Indian Penal Code (IPC). The counsel argued that in close proximity large number of BJP supporters were implicated in four criminal cases to prevent them from participating in or carrying out political activities for the panchayat elections. The counsel further prayed for necessary directions to ensure a peaceful election.
Meanwhile, the police’s counsel submitted that the Calcutta High Court’s Division Bench had passed necessary directions for the deployment of police personnel and Central Forces for free and fair elections.
The court noted that the Division Bench had already passed the necessary directions on July 4 to secure peaceful panchayat elections, concerning the deployment of adequate police personnel and Central Forces.
“However, it emanates from the submissions made on behalf of the petitioner as well as State respondents including police administration and in consideration of aforesaid four number of First Information Reports against large number of persons that there might be a law and order problem in the area under Boxirhat Police Station in the District of Cooch Behar,” the court said. Accordingly, the court directed the state administration to submit a report within three weeks from the date of the order.
West Bengal 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” then they “wind up their business,” stating that if they can’t handle it that 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 has taken place. 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.
