| 20 June 2023
In a significant decision, the Supreme Court of India upheld the order of the Calcutta High Court to deploy central forces in West Bengal during the upcoming panchayat elections. The apex court also reprimanded the State Election Commission (SEC), emphasizing that "holding elections cannot be a license for violence." The court firmly stated that it is the responsibility of the state election commission to ensure a free and fair election process. The plea challenging the High Court's order regarding the deployment of central forces was dismissed by a Bench comprising Justice BV Nagarathna and Justice Manoj Misra.
"The orders of the High Court do not require any interference. Central forces can be deployed in the state. There is no wrongdoing in the High Court's decision to deploy central forces in the panchayat elections," the Supreme Court stated.
The Bench further explained that the High Court's order was aimed at ensuring a free and fair election across the state of West Bengal, considering the extensive number of booths being set up for the simultaneous local body elections. The Supreme Court found no grounds to interfere with the High Court's decision and dismissed the Special Leave Petition (SLP) filed by the West Bengal government and the poll body.
The decision comes in the wake of multiple incidents of violence and arson reported during the nomination process for the panchayat poll, resulting in the unfortunate loss of nine lives thus far. In light of this, the Supreme Court recognized the High Court's intention to deploy central forces rather than requisitioning forces from neighboring states, thereby ensuring a more effective and efficient approach. The court acknowledged the forthcoming campaigning period and the need to request forces from the state, stressing that they had already requested companies to be deployed.
The Supreme Court questioned the State Election Commission's dissatisfaction with the order, asserting that it is the poll body's responsibility to conduct a fair and free election. The court emphasized that the origin of the forces deployed is not the concern of the Commission and questioned the maintainability of the petition filed by the Commission.
Meanwhile, the ruling Trinamool Congress party declared that it considers conducting fair elections as its primary responsibility and assured the provision of adequate forces for the process. Earlier, on June 13, the Calcutta High Court directed the poll body to deploy central paramilitary forces for the upcoming Panchayat elections in West Bengal. Subsequently, on June 15, the High Court directed the Commission to requisition central forces for all districts in the state within 48 hours.
The joint challenge against this order by the state government and the state poll body was addressed by the Supreme Court, resulting in the affirmation of the High Court's decision. The polling for nearly 75,000 seats in the three-tier Panchayati Raj system is scheduled for July 8, with vote counting set to take place on July 11. An extensive network of approximately 61,000 polling booths has been established to facilitate the democratic process in West Bengal.
With the deployment of central forces, it is hoped that the upcoming panchayat elections in West Bengal will be conducted smoothly, maintaining the integrity of the electoral process and ensuring the safety of voters and participants alike.
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