Discuss with Mamata government over paramilitary forces' deployment in civic polls: HC tells SEC

The court said that the SEC commissioner will be personally liable to ensure peaceful elections in Bidhannagar if he forms an opinion that deployment of paramilitary forces is not required.
Calcutta High Court (File Photo| PTI)
Calcutta High Court (File Photo| PTI)

KOLKATA: The Calcutta High Court on Thursday directed the State Election Commission (SEC) to hold a meeting with top officials of the West Bengal government within 12 hours to appraise the ground situation in the Bidhannagar Municipal Corporation area and ascertain whether the deployment of paramilitary forces is necessary to ensure peaceful polling on February 12.

The court said that the SEC commissioner will be personally liable to ensure peaceful elections in Bidhannagar if he forms an opinion that deployment of paramilitary forces is not required in the civic body jurisdiction adjoining Kolkata.

"Commissioner, State Election Commission will hold the joint meeting with the Chief Secretary and Home Secretary of the State and the Director General and Inspector General of Police within 12 hours and will do the reappraisal of the ground situation in Bidhannagar Municipal Corporation area and ascertain if deployment of paramilitary forces is necessary," a division bench presided by Chief Justice Prakash Shrivastava ordered.

Elections to the municipal corporations of Bidhannagar, Asansol, Siliguri and Chandannagar in West Bengal are scheduled to be held on February 12.

The court, passing its order on prayers seeking deployment of paramilitary forces in Bidhannagar on the apprehension of violence during the polls, directed that the commissioner, if he forms an opinion in favour of such deployment, will submit a requisition to the Union Home Ministry or the competent authority.

The bench, also comprising Justice R Bharadwaj, directed that any such request for providing paramilitary forces will be duly considered by the authority without any delay.

"In case, if the Commissioner, State Election Commission forms an opinion that deployment of the paramilitary forces during Bidhannagar Municipal Corporation election is not necessary, then he will be personally liable to ensure that no violence takes place and free, fearless and peaceful elections are held in Bidhannagar," the court ordered.

Disposing of the petition, the bench observed that so far, no instance of violence has been pointed out nor any such material has been enclosed along with the prayer which furnishes ground for the deployment of paramilitary forces in the forthcoming Bidhannagar Municipal Corporation elections.

"Therefore, at this stage, we do not find sufficient material to accept the prayer," the bench said.

The court took note of the submission of the additional solicitor general representing the Union government that within six hours, paramilitary forces can be sent to avoid any untoward incident.

The bench observed that it is essential for the SEC, which has been vested with the responsibility to ensure free, fair and fearless elections, to assess the ground situation and to take a decision on deployment of paramilitary forces if the circumstances so demand.

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