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| Fresh Dates for WB Panchayat Polls, SEC Unmoved | | | KOLKATA: The West Bengal government today announced fresh panchayat election dates on May five and eight, but the State Election Commission told the Calcutta High Court that it would not conduct the polls without deployment of central paramilitary forces.
Advocate General Bimal Chatterjee told the court of Justice Biswanath Somadder, hearing the case by SEC seeking cancellation of the election, that a letter was addressed to the state election commissioner stating that May five and May eight were the new election dates.
He sought to assure the court and the SEC that all arrangements would be made for holding free, fair and peaceful elections and said that the commission should accept its assurance to ensure that the elections were held in time.
The Advocate General insisted that the state would make security arrangements from within the state and if necessary, bring forces from neighbouring states and assured all assistance to the SEC.
But SEC's counsel Samaraditya Pal submitted that it was not possible for the commission to hold the elections without deployment of central forces because of apprehension of violence.
Pal, quoting a letter by SEC to the state government, submitted that the commission had repeatedly said that the elections be held in three phases with deployment of 800 companies of central paramilitary forces on consideration of situation prevailing in the districts.
He said the state government had sought elections in two phases, the reasons for which were not explained.
The phasing of the elections and choice of districts in each phase was the prerogative of the commission, he submitted and the state had no authority to announce the phases and districts for such phases.
Pal also accused the government of delay in giving the names of 400 officers, who would serve as commission observers.
Pal submitted that the state had in a letter to the SEC said that it was aware of its responsibilities about pre-poll and post-poll contingencies and the state would provide adequate forces.
At this, Justice Somadder asked the SEC counsel who decided adequacy.
Pal submitted that it was the commission which decided it and if there was any violence or death, it was the commission which was to be held responsible.
He stated that law and order was definitely a state subject, but the assessment of situation and requirement of forces was by the SEC.
It was for the SEC to decide whether central paramilitary forces would be called or forces from other states would be brought for the elections, Pal submitted.
Justice Somadder observed that it appeared that both the government and the commission were anxious to hold the elections in time, but a mechanism should be made to ensure free and fair polls.
The judge requested SEC's counsel and the Advocate General to sit together over the weekend so that something could be worked out.
The matter would be taken up for hearing again next Tuesday.
The state government had earlier announced April 26 and April 30 as the dates for panchayat elections, but the SEC challenged it before the high court as unilateral and arbitrary.
In its petition, the commission claimed that Section 42 of the West Bengal Panchayat Election Act, which held that the state government was empowered to notify the election in consultation with it, was unconstitutional.
The term of the present elected panchayats would end in early June. |
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