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2022 Supreme(Cal) 89
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ, JJ.
Mousumi Roy - Appellant
Versus
West Bengal State Election Commission - Respondent
WPA (P) No. 271 of 2021 and IA No. Can/4 of 2022
Decided On : 23-02-2022
For the Appellant : Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Pintu Karar.
For the Respondent: Mr. Paramjit Singh Patwalia, Sr. Adv., Mr. Billwadal Bhattacharyya, Mr. Dhiraj Trivedi, Mr. Rajdeep Majumder, Mr. Brajesh Jha, Mr. Kabir Shankar Bose.
The central legal point established in the judgment is the responsibility of the State Election Commission to assess the ground situation and make decisions regarding the deployment of paramilitary forces, compliance with the Model Code of Conduct, and proper conduct of elections.
Headnote:
Deployment of Paramilitary Forces - Election Irregularities - Model Code of Conduct Violation - [CAN 7 of 2022] - [Election Irregularities] - [Article 243-ZA(l) of the Constitution, Model Code of Conduct, Deployment of Paramilitary Forces] - The court discussed the deployment of paramilitary forces in the forthcoming 108 Municipality Elections, election irregularities, and violations of the Model Code of Conduct. The court emphasized the responsibility of the State Election Commission to assess the ground situation and make decisions regarding the deployment of paramilitary forces. It also addressed issues related to the use of Mauve Paper Seals, appointment of observers, floating of government schemes, distribution of title deeds, and installation of CCTV cameras.
Fact of the Case:
The petitioner sought the deployment of central paramilitary forces and raised concerns about election irregularities, including prevention of candidates from filing nomination forms, violence during previous elections, and violations of the Model Code of Conduct.
Finding of the Court:
The court found that the decision to deploy paramilitary forces should be based on the ground situation in each municipality and directed the Election Commission to assess the conditions and make decisions accordingly. It also addressed issues related to the use of Mauve Paper Seals, appointment of observers, floating of government schemes, distribution of title deeds, and installation of CCTV cameras.
Issues: Deployment of paramilitary forces, election irregularities, violations of the Model Code of Conduct, use of Mauve Paper Seals, appointment of observers, floating of government schemes, distribution of title deeds, and installation of CCTV cameras.
Ratio Decidendi: The State Election Commission is responsible for assessing the ground situation and making decisions regarding the deployment of paramilitary forces. The court also emphasized the need for impartial observers, compliance with the Model Code of Conduct, and proper use of election materials such as Mauve Paper Seals and CCTV cameras.
Final Decision: The court directed the Election Commission to assess the ground situation in each municipality, ensure the use of Mauve Paper Seals in all ballot units, appoint impartial observers, examine the compliance with the Model Code of Conduct, and preserve CCTV footage of polling stations.
ORDER :
1. CAN 7 of 2022 has been filed by the petitioner seeking a direction to the respondent No. 4 State Election Commissioner to deploy central paramilitary forces in the elections of 108 Municipalities in the State scheduled on 27.02.2022. Further prayers have been made seeking direction for effective CCTV surveillance, to appoint independent impartial general observer and micro-observer, to direct verification of EPIC cards/photo identity cards before entry inside the polling stations by CRPF, to hold respondent No. 4 personally liable to discharge his duty as directed by the earlier order.
2. The above prayers have been made by pleading that the State Election Commission vide notification dated 03.02.2022 has declared that the election for 108 Municipalities in the State will be held on 27.02.2022. The last date of filing nomination was 09.02.2022. It is alleged that large number of BJP candidates were forcibly prevented by the goons of the ruling party from filing their nominations. In respect of one Rakesh Majumdar from Ward No. 6 of Guskara Municipality, it is alleged that though he had reached on time but his nomination paper was not accepted on the ground that he had reached the office of the concerned authority late. It is further alleged that there is a state of terror prevailing in the State and in almost 10% of the Municipalities which are going for polls, the ruling party candidates have won uncontested as the nominations were not allowed to be filled up by other candidates. Further allegation has been made that State Election Commission is acting in partisan manner and that despite the announcement of the date of elections, acting against Model Code of Conduct, the Government of the State through its Chief Minister is undertaking new schemes to woo its voters. Alleged incidents of violence during the polls for Municipal Corporation Bidhannagar, Asansol, Siliguri and Chandernagore which took place on 12.02.2022 have been stated in the application.
3. The respondents have filed their affidavit in opposition and the affidavit in reply has also been filed.
4. Submission of Counsel for the petitioner is that the candidates have been prevented from filing nomination forms in the forthcoming elections which resulted into uncontested victory of the candidates of the ruling party and that the State Government after declaration of elections by violating the Model Code of Conduct has floated two new schemes. Referring to the various newspaper reports filed along with the applications he has submitted that in the Elections of four Municipal Corporations already held, there was large scale violence and that the complaints in this regard have not been considered. He has also submitted that in respect of Contai Municipality, notice dated 19.02.2022 has been issued stating that Mauve Paper Seals will not be used in 150 ballot units and that in terms of the earlier order of this Court dated 10.02.2022 the Election Commission did not take any decision for deployment of the paramilitary forces, therefore, now the direction be issued by this Court to deploy Paramilitary Forces in forthcoming Municipality Elections. He has also submitted that earlier Division Bench judgment in the matter of Basabi Raichoudhury vs. State of WestBengal & Ors., 2013 SCC OnLine Cal 15463 has no application in the facts of the present case. In support of his submission to deploy paramilitary forces he has placed reliance upon the orders dated 23.11.2021 in the matter of All India Trinamool Congress & Anr. vs. Manik Das & Ors., CONMT. PET. (C) No. 884/2021 in W.P. (Crl.) No. 455/2021 and the order dated 25.11.2021 passed in All India Trinamool Congress & Anr. vs. State of Tripura and Ors., Writ Petition Criminal No. 455/2021. He has pressed his prayer for appointment of independent observer.
5. Learned Counsel for the Election Commission has opposed the prayer and has submitted that earlier direction of this Court dated 10th of February, 2022 was duly compl
