Panchayat Polls: Calcutta HC asks SEC to deploy over 82,000 central forces personnel

The Calcutta High Court on Wednesday directed the West Bengal State Election Commission (SEC) to requisition more than 82,000 central forces personnel within 24 hours for deployment in panchayat elections.

Hearing a contempt petition, a division bench headed by Chief Justice TS Sivagnanam also admonished the state election commissioner, observing that if it is difficult for him to take orders, he can step down.

Former chief secretary of West Bengal Rajiva Sinha is at present the state election commissioner.

The court noted that for the July 8 elections, the SEC requisitioned just 22 companies of central forces, which is a fraction of the 82,000 central policemen brought in during the 2013 panchayat polls in the state.

The petitioner's counsel submitted that one company consists of 80 personnel, thus the total number of personnel sought is around 1,700 -- which the court termed ''thoroughly inadequate''.

Maintaining that the number of districts in West Bengal has increased from 17 in 2013 to 22 at present, and also that the number of the electorate has increased in these 10 years, the court directed the SEC to requisition more than 82,000 central forces personnel within 24 hours.

''If it is very difficult for the commissioner to take orders, he can step down. Probably, his Excellency, the Governor may appoint somebody else in his place,'' the bench said during the hearing.

Observing that it was a very sorry state of affairs, the court said that the SEC is a neutral body and it need not toe the line of anybody.

The bench, also comprising Justice Uday Kumar, said that it was very unfortunate that no responsible officer of the SEC was present in the court during the hearings, including on Wednesday.

A visibly irritated chief justice said that if the SEC was so busy that they cannot instruct their senior counsels, then ''they better wind up their business''.

The court also warned that any attempt to make the order unworkable may result in adverse consequences.

The SEC counsel submitted that he has been instructed that whatever the court feels will be adequate regarding central forces, instructions for such will immediately be sent to the Centre.

The contempt petition was filed, alleging wilful disobedience of the orders of the court with regard to the deployment of central forces for the panchayat polls.

The high court had on June 13 directed the SEC to requisition central forces for deployment in the districts it noted as sensitive, and to assess the situation and deploy accordingly in other districts.

Expressing unhappiness over the delay in complying with the previous order, the court on June 15 directed the deployment of central forces in all districts.

The SEC and the state government then moved the Supreme Court against the high court's orders. The apex court dismissed their petitions.

Hearing the contempt petition, the high court said, ''We have no hesitation in our mind to hold that the order and direction has not been complied with in its letter and spirit.'' It said that in the first order of June 13, it had reposed confidence and left it to the SEC to make an assessment of the sensitive districts.

Noting that the order was not well-taken and the matter was dragged on, the court said this necessitated the June 15 order, directing the deployment of central forces in the entire state.

The bench said that it is interesting to note that the SEC was the petitioner before the Supreme Court, resisting the decision of the West Bengal government in the matter of deployment of central forces for the 2013 panchayat polls.

''If that was the manner in which the SEC had acted in 2013, we are at a loss to understand as to what has happened to the independence and supremacy of the SEC during the ensuing elections,'' the bench observed.

The 2013 panchayat elections were held in five phases under the vigil of 1.05 lakh state police and 82,000 central force personnel.