The Supreme Court will hear on December 13 the BJP’s plea to direct the West Bengal government, the State Election Commission and other functionaries to prepare a comprehensive action plan and deploy adequate central police force to ensure free and fair municipal elections in Kolkata. . A bench headed by Chief Justice NV Ramana urged senior advocate Maneka Guruswamy, appearing for the BJP, that its candidates in the state were being threatened and pressurized ahead of the municipal elections.
Initially, the bench, which also included Justices AS Bopanna and Hema Kohli, expressed reservations saying, “You see, these are all election matters and you (BJP) have to fight on the ground.” We cannot and do not allow entertainment. The senior advocate then referred to the hearing which was conducted by a bench headed by Justice DY Chandrachud on a similar plea by all. India Trinamool Congress Party in relation to the alleged pre-poll violence in Tripura.
We will see the bundle (case record). We will decide it (list of petitions), the bench said. As per the updates available on the apex court’s website, the BJP’s petition is shown to be listed for hearing on December 13.
The top court had on November 25 directed the home ministry to provide two additional companies of Central Armed Police Forces (CAPFs) for security of polling stations during Tripura municipal elections. And supporters were not allowed to vote. The BJP, in its petition filed by its state president and MP Sukanta Majumdar, has sought a direction to state functionaries to prepare a comprehensive action plan and deploy adequate central police force to ensure free and fair municipal elections in Kolkata.
The petition, filed through advocates Aditya Sharma and Nachiketa Joshi, states that the BJP finalized its candidates after the state of West Bengal Election The commission notified the elections to be held for the Kolkata Municipal Corporation. After the candidates were finalized by the Bharatiya Janata Party, various candidates have received threats and pressure is being put on them to withdraw their candidature. Some candidates have reported that their family members are being threatened.
…these threats and violence seriously violated the constitutional mandate of holding free, fair and democratic elections, the petition said and referred to some of the complaints made by party candidates to the authorities. It said there was a need to deploy central forces in light of the post-poll violence in May 2021.
Conducting free and fair elections is a constitutional mandate. Article 324 reserves the power for the Election Commission to act for the purpose of furthering the goal of free and fair elections and in that sense it also assumes an advisory role, it said. The petition states that it is seeking adequate security development in the light of the violence that followed the targeted mass election in West Bengal in May this year.
It said representations have been filed with the authorities and the governor seeking deployment of additional forces to ensure fair and transparent elections on November 29, 30. This has been done in light of the fact that candidates are getting threats from TMC goons. The candidates have been identified. It said the candidates are fearing for their lives and are being pressured to withdraw their nominations.
Deployment of central forces will help the state administration to conduct free and fair elections and it is necessary to ensure free and fair elections. Conducting free and fair elections is inherent in the working of a democracy and therefore free and fair elections are part of the basic structure of this democracy.
Apart from the state government, the home secretary (police), DG and IGP and the Center have been made parties in the petition.
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