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West Bengal government and election commission challenge order to deploy central forces for Panchayat polls in SC

  • On 16th June 2023, the West Bengal Government and the State Election Commission decided to challenge the Calcutta High Court's order on deploying central forces during the Panchayat elections
  • The High Court had directed the deployment of central paramilitary forces in all districts, but faced opposition from the state government
  • The state government and the State Election Commission will file separate cases in the Supreme Court to contest the order, arguing their ability to conduct the elections without central forces

17 Jun 2023

West Bengal government and election commission challenge order to deploy central forces for Panchayat polls in SC

In a significant development, the West Bengal Government and the State Election Commission have decided to challenge the order issued by the Calcutta High Court regarding the deployment of central forces during the upcoming Panchayat elections.

The High Court's order, which was issued on June 15, directed the deployment of central paramilitary forces in all districts of West Bengal. However, this decision faced strong opposition from the state government.

The Chief Justice of the Calcutta High Court, TS Sivagnanam, and Justice Uday Kumar, emphasized the need for the presence of central forces throughout the state, not just in sensitive areas. The court criticized the State Election Commission for its failure to identify sensitive areas for the deployment of central forces, as previously instructed by the court.

Initially, the State Election Commissioner, Rajiva Sinha, indicated compliance with the court's order. However, within 24 hours, the state government and the election commission reversed their position. In a meeting with the ADG Law and Order and the Home Secretary, they decided to challenge the High Court's decision in the Supreme Court.

Both the state government and the State Election Commission will file separate cases in the Supreme Court, seeking to challenge the order to deploy central forces. The Commission's argument will revolve around the ongoing evaluation of sensitive booths, claiming that no decision has been made in this regard yet. It is noteworthy that the High Court ordered the deployment of central forces in all districts only because the SEC could not identify sensitive areas.

Chief Minister Mamata Banerjee's government has strongly criticized the deployment of central forces and intends to contest the verdict in the apex court. The state argues that it possesses a sufficient police force to conduct the elections and does not require the deployment of central forces. The state government has even proposed the deployment of police from other states but is unwilling to allow the presence of central forces during the polls, which are expected to be violent and volatile. Earlier today, the West Bengal government withdrew a review petition filed at the High Court against the order, indicating its intention to approach the Supreme Court instead.

The State Election Commission and the West Bengal government will file their petitions at the Supreme Court tomorrow morning through e-filing and will demand an early hearing.

Opposition parties, including the Bharatiya Janata Party (BJP) and the Congress, have filed caveats against the High Court ruling, demonstrating their concerns over the implications of the decision on the electoral process.

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