Cal HC says primacy of SEC not negotiable

In a setback to the West Bengal government, the Calcutta High Court today directed that panchayat elections in the state be held in three phases using central armed forces on dates decided by the State Election Commission, observing that primacy of the commission was not negotiable.
Soon after the order was passed, the Mamata Banerjee government said it would appeal against the order before a division bench of the High Court.
Passing the order on the SEC's petition claiming that the state government's notification of election dates in two phases was unilateral and that central forces were necessary for holding the rural polls in a free, fair and peaceful manner, Justice Biswanath Somadder directed that the poll body would decide the dates for the three-phase elections, rejecting the state's notification.

Justice Somadder observed that it was the commission which could display absolute neutrality as per constitutional provisions for holding of impartial and peaceful elections.
Disposing of the writ petition, Justice Somadder directed that the state should provide the balance names of observers, as per the commission's request for 400 officers, from its pool of IAS and WBCS executive cadres by tomorrow.
The SEC had contended that though it had given a requirement of 400 observers for the elections, the state had provided names of around 260 officers only.

Also accepting the SEC's prayer for holding the elections with central forces, which has been vehemently opposed by the state, the court directed the state to inform the SEC on the details of central forces, forces from other states and forces from within the state to be used for the elections by tomorrow.

The state should ensure that adequate armed police personnel were available for deployment to the satisfaction of the SEC, from the stage of nomination itself, the court directed.
While asking that the panchayat election be held in three phases, the court said that district-wise grouping and actual dates should be communicated by the commission to the state government immediately upon receipt of the names of observers and exact detail of availability of security personnel from the state.
It was directed that the commission, while intimating the government the three dates of election and district-wise grouping, should also provide a revised time-table, which would ensure holding of the panchayat elections before the present terms of the elected bodies expired in June.

Justice Somadder also directed that the commission should issue necessary directions upon all concerned, including recognised political parties and candidates in the fray, to refrain from referring to the observations made in this judgment as part of their election campaign.