JUDGMENT :

1. The appellant is aggrieved with the order of the learned Single Judge dated 16th December, 2021 whereby WPA No. 20354 of 2021 has been disposed of with certain directions.

2. The election of Kolkata Municipal Corporation is to be held on 19th December, 2021. Appellant had approached the writ court with the prayer to issue a direction to the concerned respondents to discharge their constitutional and statutory duty during the Kolkata Municipal Corporation Elections and to arrange adequate Paramilitary Forces and create a conducive atmosphere for voters to exercise their valuable right of voting without fear. Further prayer was made to ensure safety and security of the candidates contesting the election.

3. Learned Single Judge by order dated 16th December, 2021 has reached to the conclusion that there is no need for Central Forces in the Kolkata Municipal Corporation elections. He has observed that one police constable duly armed has been provided to each of the four petitioners and directed the Commissioner to forthwith attend to any other complaint from the other complainant. A general direction has been issued that all steps must be taken to facilitate exercise of franchise by the citizen and to ensure that free, fair and peaceful elections are held. Relying upon the assurance of the learned Advocate General and the views of the Election Commission, the prayer for deployment of Central Forces has been declined.

4. Submission of learned Counsel for the appellant is that on account of post-poll violence which took place after the general elections in the State in May, 2021, there is fear in the minds of the voters therefore, unless the confidence is built, the voters will not come forward to vote. He has referred to the Full Bench Judgment of this Court dated 19th August, 2021 in the matter of Susmita Sen Dutta vs. The Union of India and Others passed in WPA(P) 142 of 2021 and also the report of the Enquiry Committee dated 12th July, 2021 in support of his submission that after the General Elections in the State, violent incidents had taken place resulting into disruption of life and livelihood and causing trauma to the residents which resulted in prevalent fear and loss of faith in police. He has also submitted that the Hon’ble Supreme Court in W.P. (Crl.) No. 455 of 2021 in the matter of All India Trinamool Congress and Another vs. State of Tripura and Others in similar circumstances had directed deployment of CRPF. Hence, in the forthcoming elections also, CRPF should be deployed.

5. Learned Counsel for respondent No. 4, State Election Commission has submitted that the security to the concerned candidates has already been provided and learned Single Judge has taken note of the report submitted by the Election Commission which makes it clear that free and fair elections will be held. He has also referred to the communication dated 11th December, 2021 issued by the Commissioner of Police in respect of the scale of deployment of police personnel during the forthcoming election and has submitted that adequate police personnels have been deployed and has further submitted that as a confidence building measure, the steps as provided in the order dated 16th December, 2021 are being taken.

6. Learned Advocate General appearing for the State has submitted that scope of the writ petition was limited and it was mainly relating to extending protection to the candidates and till now, no violence has taken place and the complaints by the candidates were also without disclosing the names of the offenders. He has also submitted that Kolkata has 27,000 police personnels out of which 18,000 have been deployed in the election and West Bengal has 69,669 police personnels out of which, 5,000 have been deployed and on requisition, more will be provided. He has submitted that respondent No. 6 and 7 are the persons responsible to ensure free and fearless election without any violence. He submits that the State is not agreeable for de