The main legal point established in the judgment is that the State Election Commission has the responsibility to assess the ground situation and take a decision in respect of deployment of paramilitary forces if the circumstances so demand. Additionally, the court emphasized that the Election Commission is expected to consider the plea for simultaneous counting in all the Municipal Corporations or for the declaration of results of all the Municipal Corporations at the same time.

ORDER :

1. In both these writ petitions, the issue raised is about holding the elections of the municipal corporations/municipal council and other local bodies in the State of West Bengal.

2. CAN 2 of 2022 has been filed in WPA(P) 271 of 2021 challenging the order/notification of the State Election Commission dated 15.01.2022 and 07.02.2022 and seeking a direction to ensure free and fair elections and also to hold simultaneous counting of votes of all remaining Municipal Corporations/Municipalities.

3. CAN 4 of 2022 has been filed in WPA(P) No. 299 of 2021 by the writ petitioner questioning the order dated 25th January, 2022 issued by the State Election Commission and seeking modification of the notification dated 22nd December, 2021 whereby second phase of elections are scheduled to be held on 27th February, 2022. The decision of the respondent Nos. 3 and 4 in respect of the election agents has also been challenged in this CAN.

4. CAN 5 of 2022 and CAN 6 of 2022 have been filed with a prayer to direct the State Election Commission to take steps for deployment of Central Para-Military Forces during the Bidhannagar Corporation Election scheduled to be held on 12th February, 2022.

5. The Municipal General Elections to the Siliguri Municipal Corporation, Chandernagore Municipal Corporation, Bidhannagar Municipal Corporation and Asansol Municipal Corporation have been notified by the Election Commission on 15th January, 2022 by appointing 12th February, 2022 as the polling date.

6. The applicants in these CANs are expecting that free and fair elections may not take place on account of the apprehended violence during the election and they are also questioning certain orders issued by the State Election Commission.

7. Submission of the applicant in CAN 2 of 2022 is that the State Election Commission has issued illegal order dated 29.11.2021 providing that election agent must be an elector of the polling areas for which polling station is set up and order dated 07th February, 2021 making provision for polling agent in respect of polling premises where more than one polling station are situated. He submits that no such provision has been made under Sections 47, 48, 50 and 57 of the West Bengal Municipal Elections Act, 1994 or Rule 14 read with Form 11 of the West Bengal Municipalities (Conduct of Election) Rules, 1995 and that the order is also contrary to Clause 9.1 of the Handbook issued by the Election Commission of Indian about polling agents. He has also submitted that simultaneous counting of votes of all the Municipal Corporations should be done on a fixed date after completion of second phase of polling in other Municipal Corporations/Councils.

8. Learned Counsel for the applicant in CAN 4 of 2022 has also made a prayer for simultaneous counting of votes after completion of polling in the other Municipal Corporations/Councils in second phase on 27th February, 2022. An alternate prayer has been made that the date of polling in the second phase be postponed because first and second phase of polling on 14th February, 2022 and 27th February, 2022 are very close. Learned Counsel has also questioned the order issued by the State Election Commission in respect of polling agent.

9. In CAN 5 of 2022 and CAN 6 of 2022, learned Counsel for the applicants have submitted that considering the violence during the Kolkata Municipal Corporation Elections and also considering the earlier experience in the elections of Bidhannagar Minicipal Corporation, for free, fair and peaceful elections, it is necessary to deploy Central Paramilitary Forces in the forthcoming Bidhannagar Municipal Corporation Elections. They have submitted that the previous experience is that whenever CRPF is not deployed in Bidhannagar during elections, violence takes place. They have also referred to the earlier order of this Court dated 23rd December, 2021 whereby liberty was granted to file fresh IA with the prayer about deployment of paramilitary forces at the appropriate stage.