As court ends deadlock on Bengal panchayat polls, both Mamata and SEC 'happy'

Directs completion of three-phased poll before July 15, says deployment of central forces not compulsory

In an order which satisfied both sides, a two-judge bench of the high court (HC) here on Tuesday ended the long deadlock on panchayat polls between the state government and the State Election Commission (SEC). A three-phase poll is to be held before July 15.

The bench of Chief Justice Arun Mishra and Joymalyo Bagchi took only two days to pass the order, on an appeal by the state government against a single judge’s order which had upheld the SEC contentions.

Saying these elections could not be delayed, as it was a "constitutional obligation", the bench upheld the single judge's direction for a three-phase election but revised the part on compulsory deployment of central forces.

The court asked the state government to notify the poll dates, after consultation with the SEC, within three days. During this period, the state is to provide a list of election observers. There are detailed directives over the contentious issue of security arrangements, seemingly acceptable to both sides.

The directives say there will be two armed personnel, along with two constables, in "very sensitive" polling booths identified by the SEC. Booth marked "sensitive" will have two armed personnel each. Those “less sensitive" will have one armed personnel and one constable; a "normal" polling premise will have one armed policeman.

Also, the court said, the state can primarily use its own police. Only in the case of a shortfall shall it arrange for forces from neighboring states or the Centre. Hence, it is not compulsory for the state to deploy central forces, something the poll panel had demanded.

Earlier, as the state government had refused to accept the poll panel's demands for both, a three-phase election and deployment of central forces, the SEC had petitioned the HC. On March 22, overruling the SEC, the government had announced a two-phase election on April 26 and 30, using only state police.

 Although the government later offered a more equitable division of districts for the polls to be held in two phases, this failed to satisfy the SEC.

Judge Biswanath Samaddar of the HC had, last Friday, directed a three-phase panchayat election with deployment of central forces, upholding the SEC demands.

Unhappy, the state had petitioned the larger bench.

"We are happy with the order. We will announce the dates in three days. We wanted a two-phase election but have no problem with three phases. Our main objection was to central forces. In case of a shortfall, we will arrange police from neighbouring states," said panchayat minister Subrata Mukherjee.

The SEC’s counsel welcomed on Tuesday's order, too. "We wanted a free and fair election. We are satified with the security arrangement the court has directed," said one of the lawyers for the poll panel.

Both parties dismissed any possibility of moving the Supreme Court. Later in the day, Chief Minister Mamata Banerjee said, "The election will happen now. All's well that ends well."

Timeline

<sup>March 22, 2013: West Bengal government announces two-phase Panchayat polls on April 26 and 30

March 25: State Election Commission (SEC) writes to government to reconsider poll dates. Seeks three-stage poll and deployment of central forces.

March 26: Bengal government responds to the letter and proposes more equitable division of districts in the two phases as compromise formula. Says ready for deployment of police from neighbouring states, if need.

March 28: SEC refuses to notify the sates yet. State Election Commissioner Mira Pande meets Governor M K Narayanan. Stay firm on its demand for deployment of central forces.

March 29: Ruling TMC alleges collusion between Mira Pande and opposition parties. Says, series of letters sent by state election commission to state government might have been drafted in an office of a political party</sup>

April 1: SEC moves court. Appeals for dismissal of government's notice on rural poll dates. Seeks court's direction for deployment of central forces.

April 10: Court says keeping the importance of the matter in mind, it would hear the case regarding the Panchayat poll stalemate for more than an hour after normal court hours. SEC had requested for early disposal of the case.

May 10: Calcutta High directs three-phase Panchayat poll with security arrangement, poll panel feel necessary.

May 13: Bengal government moves Divison Bench challenging the single-bench order. HC denies any stay on the order, rathar directs daily hearing for early disposal of case.

May 14: Division Bench of Calcutta High court, comprising Chief Justice Arun Mishra and Justice Joymalyo Bagchi, passes after two days' hearing. Directs three phased poll, says deployment of central forces not compulsory. Both state government and SEC welcomes the order.