State EC refuses to accept poll dates announced by Bengal govt, keeps legal option open

Defying the Election Committee's suggestion last week, the state announced a two-phase election to be held in April

The tug-of-war between the West Bengal government and State Election Commission over Panchayat poll schedule may head for a legal battle, with both sides showing no sign of compromise.

After a three-hour long meeting at its office here, the state election commission today refused to accept government-announced panchayat poll dates and sent a letter to the state government asking it to reconsider its decision.  

"We have sent a letter as per Article 43(2) of West Bengal Panchayt Act. Hopefully, they will reconsider its decision," Tapas Roy, secretary, State Election Commission, said.

However, responding to a query on moving High Court seeking its direction on the issue, Roy said, "We have kept all options open. Decision will be taken as the situation demands."

Speaking on the matter, West Bengal Panchyat minister Subrata Mukherjee said, "We will be sending a reply after consulting the chief minister. But how can we backtrack from poll dates, which are already being notified by the government?"

Last Friday, defying the election commission's suggestion for a three-stage polls in the presence of central security forces, the West Bengal government had announced that a two-phase election would be held April on 26 and 30 under the supervision of the state police.

The government in its notification assigned a separate date, April 30, to hold polls in the three Congress-dominated districts of Malda, Murshidabad, and North Dinajpur, whereas for the rest of the 14 districts, including those in Junglemahal, April 26 was assigned as the day of polling.

Barring TMC, all major political parties like the Left, Congress and BJP questioned the rationale behind choosing a separate poll date for the three districts, which has no major  law and order problem, as compared to the other three districts in Naxal-affected Junglemahal — West Midnapore, Purulia and Bankura.

In fact, the State Election Commission too had raised the issue, in its 11-page letter sent to state government today.  

Meanwhile, Congress and BJP leaders today sought Governor M K Narayan's intervention to ensure a three phase election under supervision of  central forces.

West Bengal Panchyat minister Subrata Mukherjee, however, argued that the state was well within right to announce the poll date. He cited   Article 42 of the West Bengal Panchayat Elections Act, 2003 state can decide the poll schedule.

Article 43 of the same Act, in accordance with which poll panel sent the letter today, says if state election commission has objection to the schedule, it should initiate consultation with the state government.

Constitutional experts pointed out, the state will find it difficult to defend its case if any party moves court. "The state government is right when it says it has the power to fix Panchayat poll dates as per state Panchayat Act. But it cannot notify the poll dates, what the state government has done in this case. Article 243K of Constituion oclearly says, State Election Commission has the absolute power of superintending, directing and conducting Panchayat election. So the dates need to be notified by the State Election Commission only," Constitutional expert and former principal of Presidency College amal Kumar Mukhopadhay said.

"Also, the election code of conduct is applicable the moment poll dates are notified. State government, itself being a party of that code of conduct, how can it notify dates" he added.

The State Election Commission, too seems to realise having an edge on the matter. "Article 243K of constituion is very much in the back of our mind," state election Commission secretary Tapas Roy said.

Responding to a question whether election code of conduct is already applicable now as the poll date are already being notified state government, Roy said, "It is a grey area. You better ask them(state government)."