SC to listen to plea in opposition to Calcutta HC order directing SEC to take name on central forces deployment

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The Supreme Court on Thursday agreed to listen to a plea by BJP leaders in opposition to the Calcutta High Court for guiding the State Election Commissioner to look at the bottom scenario in every of the 108 West Bengal municipalities going to polls on February 27, and take a call on deployment of central paramilitary forces.

A bench of Chief Justice NV Ramana and Justices AS Bopanna and Hema kohli was advised by senior advocate PS Patwalia, showing for BJP leaders Mousumi Roy and Pratap Banerjee, that the excessive courtroom has put the ball within the State Election Commission’s (SEC) courtroom.

CJI Ramana stated, “Problem is nearly, we are actually addressing the difficulty of governance. This is for the Election Commission to resolve.”

Patwalia, who talked about the matter earlier than the bench for pressing listening to, submitted that in one other matter associated to Tripura municipal elections, this courtroom has handed orders associated to deployment of central forces. The bench then agreed to listen to the matter on February 25.

The Calcutta High Court stated on Wednesday that if the commissioner decides in opposition to deploying paramilitary forces, then he will likely be personally liable to make sure that violence-free and truthful elections happen.

Directing the commissioner of the SEC to gather data on situations prevailing in municipalities the place polls are scheduled, the excessive courtroom had requested him to carry a joint assembly with the house secretary and the DGP inside 24 hours.

The courtroom had requested the commissioner to take a call in writing “by mentioning the relevant circumstances in support of his decision to deploy/not to deploy the paramilitary forces,” in every of the 108 municipalities.

Praying for route to the SEC to deploy paramilitary forces for the February 27 polls, the petitioners earlier than the excessive courtroom had alleged {that a} state of terror is prevailing and in nearly 10 per cent of the municipalities going for polls, ruling Trinamool Congress candidates have received uncontested as nominations weren’t allowed to be filed by different contestants.

Opposing the plea, the SEC counsel had submitted earlier than the courtroom that its earlier route of February 10 was complied with and evaluation of floor scenario to deploy paramilitary forces for the Bidhannagar elections, as had been prayed for by the petitioner, was accomplished and no want for a similar was discovered.

He had claimed that solely stray incidents of violence had taken place throughout elections to 4 municipal company earlier this month and had additionally denied of candidates being illegally prevented from submitting nomination types.

The petitioners had additionally claimed that the SEC was performing in a partisan method and that regardless of announcement of the ballot dates, performing in opposition to the Model Code of Conduct, the state authorities was enterprise new schemes to woo voters.

The excessive courtroom had additionally requested the SEC to nominate observers for the municipal elections. “Having regard to the nature of, which have been made in this petition we are of the opinion that the Election Commission should appoint impartial officers of the IAS cadre as observers,” it had directed.

The courtroom had additional directed the SEC to take steps to put in CCTV cameras at conspicuous spots in all the principle and ancillary cubicles, and protect the footage. Mauve paper seals must be utilized in all of the poll items, it stated.

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With inputs from TheIndianEXPRESS

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