In a major blow to Mamata Banerjee-led West Bengal Government, the Calcutta High Court on Friday upheld the primacy of State Election Commission in holding a free and fair Panchayat Election in West Bengal.
The State previously ignored SEC’s demand for holding the election in three phases and deployment of paramilitary forces from nomination stage. The tenure of the rural bodies in West Bengal will end in June.
In his order, Justice Biswanath Somadder today said that SEC’s “primacy” in holding the election is “non-negotiable”. The court ordered that the Panchayat polls be held in three phases and with the support of paramilitary forces as demanded by SEC.
Underlining the urgency to hold election of the rural bodies before their tenure ends in June, the Court asked State Government to submit the necessary details of observers and armed forces to be deployed, “to the satisfaction of SEC”, within 24 hours.
Once the details are available, SEC will announce the dates of three-phased election.
The order has created flutters in the Trinamool camp which had ignored SEC’s recommendations on Panchayat polls beginning March 2012.
‘Impractical’
Responding to the order, State Panchayat Minister Subrata Mukherjee described the judgement as “impractical” and (or) “unrealistic”. “Even if we try, it is impossible to follow this order,” Mukherjee said. According to him, it is impossible for the State Government to provide SEC with the details of availability of armed police before knowing the dates of election. “We feel it is against the federal structure of the country and infringing into the rights of the State Government,” he added.
Mukherjee said the State would move to division bench latest by Monday.
In a public meeting in Burdwan, Mamata Banerjee said, “Panchayat election will be held in due time. We will uphold laws of the land.”
She, however, accused both CPI(M) and Congress for conspiring against the State Government in holding a free and fair election.
“Elections cannot be held by armed forces. It needs people’s participation,” she said.
Both Congress and CPI(M) leadership, however, indicated that Banerjee was afraid of facing the electorate following the Saradha money collection scam and would appeal against the judgement.
Opposition critical
“Trinamool doesn’t want to hold the election at this juncture,” prominent CPI(M) leader and former housing minister Gautam Deb said in a TV interview.
Adhir Ranjan Chowdhury, Union Minister of State for Railways felt that Government was incorrect in its stand against supremacy of SEC in holding the election.