Supreme Court directs WBSEC to requisition central forces for all districts in West Bengal for the 2023 Panchayat Election
Today, the Supreme Court of India dismissed the petition filed by the West Bengal Government against the deployment of central forces during the panchayat polls. The vacation bench, including Justice Manoj Misra and Justice BV Nagarathna, directed the State of West Bengal and the West Bengal State Election Commission (WBSEC) to requisition central forces for all districts in West Bengal for the 2023 Panchayat Election. A plea was filed by Suvendu Adhikari, the Leader of the Opposition in West Bengal, before the Calcutta High Court against the use of police force in TMC’s internal elections. Adhikari asked in the PIL why there is a need for interference of the state police in the party’s internal voting process to select Panchayat candidates. The matter was heard by a division bench of the Calcutta HC including Chief Justice Sivagnaman and Justice Uday Kumar. The bench observed that no appropriate steps were taken regarding the deployment of forces. In this context, the Commission said that ‘it may take a couple of days to identify sensitive areas from a law and order point of view’. The bench directed SEC to immediately requisition the deployment of central forces within 48 hours of the judgment for all West Bengal districts. The cost for the same would be borne by the central government.
While hearing the matter today, the vacation bench observed that “The fact remains that the tenor of the order of the High Court is ultimately to ensure that free and fair election is conducted the entire State of West Bengal, since State is conducting elections for local bodies on a single day and having regard to the volume of booths which are being set up. We find that the order of the High Court does not call for any interference. SLP stands dismissed.” It was also identified that the panchayat elections were to be held in over 75,000 seats and 61,000 polling booths were set up. Moreover, the Supreme Court asked the SEC that the primary concern should be regarding the free and fair conduct of elections rather than the source of the forces. During the Court proceedings, Senior Advocate (SA) Siddharth Agarwal, SA Meenakshi Arora & SA Devadatt Kamat, SA Harish Salve, and SA Vivek Thankha appeared for West Bengal Government, the WBSEC, Suvendhu Adikari, and Congress MP Adhir Ranjan Chowdhary respectively.
SA Agarwal submitted that the High Court was wrong in issuing a direction to deploy central forces in all districts as if the state police is incompetent to handle the situation. Also he mentioned that the HC ordered to deploy the central forces within 48 hours, despite the fact that polling is to take place on July 8. In this context, Justice Nagarathna said that in the past, the State requisitioned forces from other states which clearly illustrates that the state admits its forces are inadequate. She further asked, “Holding elections cannot be a license for violence and HC has seen earlier instances of violence… elections cannot be accompanied by violence…if persons are not able to file their nominations and if they are finished off while they are going to file it then, where is the free and fair election?”
Further, Justice Nagarathna asked SA Arora asked SEC, “Why are you aggrieved with the order? Why are you concerned with from where the forces come? Whether the forces come from the State or Centre or neighboring states, should you be concerned?” Justice Nagarathna added, “You can be rest assured with this kind of order. Having regard to the past history of the State and what is happening in the ground, the High Court entertained the matter. The directions are in the aid of the SEC and you cannot have any grievance.” After hearing all the contentions, the vacation bench affirmed the HCs order and directed WBSEC to requisition central forces for all districts of West Bengal.
