Calcutta HC overstepped judicial powers with Central forces order, SEC tells SC; hearing tomorrow

West Bengal Panchayat elections has had a run-in with the judiciary at the nomination phase itself. Incidences of violence that  hit places like Bhangore while candidates were trying to file nomination papers took centre stage. At this point the Calcutta High Court intervened and directed the State Elections Commission (SEC) to request that central forces be deployed in the areas already declared ‘sensitive’. 

This order by the Calcutta HC has been challenged by the Trinamool Congress (TMC) supremo and West Bengal Chief minister Mamata Banerjee and the SEC in the Supreme Court of India. 

Here's looking at the judicial run-in of the panchayat poll violence in West Bengal

On 13 June the Calcutta HC said that the SEC must immediately requisition central forces and deploy them in the places it had termed ‘sensitive’. 

Again on 15 June, the Calcutta HC condemned the SEC for dragging its feet in requisitioning paramilitary forces from the Central government and directed the poll body to immediately requisition paramilitary forces for all the districts in the State and implement this directive within 48 hours.

This is when the SEC approached the apex court.

It is to be noted that the Calcutta High Court had passed the order on a plea by BJP leader Suvendu Adhikari. 

Suvendu Adhikari, a BJP MP and turncoat from TMC, is also one of the opposition leaders who alleged that the state's ruling party TMC had prevented BJP and other opposition party candidates from filing their nomination for the West Bengal Panchayat Elections. 

Matter posted before Supreme Court

The SEC on Monday told the Supreme Court that the direction for the deployment of central forces in panchayat elections without providing adequate opportunity to state poll panel is an over-step of the judicial powers of the Calcutta High Court.

The State Election Commission said that in its independent assessment, the commission had declared that the arrangement made by the State Administration was sufficient and adequate, could not have directed the Petitioner to mandatorily requisition Central Paramilitary Forces for the all districts in West Bengal.

The Supreme Court, on Monday, agreed to list on June 20 the plea challenging the Calcutta High Court's order regarding the deployment of central forces in panchayat elections. A vacation bench of justices Surya Kant and MM Sundresh agreed to hear the matter tomorrow.

The State Election Commission said that in its independent assessment, the commission had declared that the arrangement made by the State Administration was sufficient and adequate, could not have directed the Petitioner to mandatorily requisition Central Paramilitary Forces for the all districts in West Bengal.

What is happening in West Bengal? 

Ahead of the Panchayat elections, scheduled to be held on 8 July, the state witnessed continuous clashes in various parts of the state including an outbreak of violence at the Block Development Office in Birbhum's Ahmadpur, where crude bombs were reportedly thrown. 

Also, a TMC worker was beaten to death in the Malda district. The West Bengal Police had also discovered bomb making materials. 

The election will be held in a single phase on July 8, with vote counting scheduled for 11 July. Panchayat polls in West Bengal will witness a fierce contest between the Bharatiya Janata Party (BJP) and the ruling Trinamool Congress as they will be seen as a litmus test ahead of the 2024 Lok Sabha elections.