Kolkata: Following the Calcutta High Court’s order to the West Bengal State Election Commission (WBSEC) that it cannot ask for less number of Central forces than what was deployed in the 2013 rural polls, the state’s poll body on Thursday is learnt to have written to the Union Home Ministry for requisition of another 800 companies of Central forces for the 2023 Panchayat polls.
WBSEC, on Thursday, wrote to the Union Home Ministry asking for 800 companies of Central forces. It previously had asked for only 22 companies of forces. With the present requisition request, the total number of forces that will be deployed for the Panchayat polls is 822 companies.
The decision of the WBSEC on Thursday came a day after a division bench of Calcutta High Court directed it to deploy 82,000 Central armed forces personnel for the forthcoming Panchayat polls. This order was given after it was brought to the attention of the court that the election body has only asked for 22 companies of Central forces which is around 2,200 personnel roughly.
The Chief Justice of the High Court, T S Sivagnanam had even reprimanded the state election commissioner, Rajiva Sinha, asking him to quit his chair if he is unable to bear the pressure of his position. “The Governor will appoint someone else for the chair,” Justice Sivagnanam had observed.
The court gave WBSEC 48 hours to ask for more force. It had ordered that number of forces cannot be less than what was deployed in the 2013 rural elections in the state when Meera Pandey was the state election commissioner.
Meanwhile, with questions being raised over the validity of the appointment of the state election commissioner (SEC) Rajiva Sinha after his joining letter was sent back to the state by Governor CV Ananda Bose, Chief Minister Mamata Banerjee said that the commissioner cannot be removed at the whim and fancy of someone but only through a process of impeachment akin to the one carried out for removal of a High Court judge.
Uncertainty looms over the West Bengal Panchayat elections as the state election commissioner Rajiva Sinha has given no indications of resigning from his post a day after the Governor CV Ananda Bose returned his joining letter to the state on Wednesday.
On Thursday, Sinha told the media that he has no knowledge of any such news concerning his resignation. The state government has also thrown its weight behind Sinha with Chief Minister Mamata Banerjee calling the present developments “unprecedented” and said she has not heard of Sinha resigning.
Banerjee said that Sinha was appointed following all rules and procedures which included taking an oath. Mamata highlighted that the incumbent commissioner was appointed by the Governor himself. Mamata opined that the state election commissioner can only be removed from his post by initiating an impeachment process akin to the one carried out for the removal of a High Court judge.
Addressing the media on Thursday, the Governor said: “I have seen that people are in fear. There is violence. During elections, whose duty is it to protect the lives of the voters? It is the duty of the State Election Commissioner. He has the power over the police and the magistrates. Bengal expects him to do his duty. The election commission should not only be impartial but should also be perceived as impartial. It must be above suspicion.”
He added: “There is bloodshed. The commission is accountable for every drop of human blood shed on the field. People want action and not an alibi for action. Yes, I appointed him (Rajiva Sinha) from a panel of names given to me by the honourable council of Ministers. We expected him to do his duty. What is happening all around, it is for anyone to see. Human blood cannot be made a bargaining point. People have the right to life, the right to peace. Peace will be established and should be established. This is not a promise but a commitment towards the people of Bengal whom I love. There should be free and fair elections. Violence should be rooted out from the soil of Bengal.”
However, Rajiva Sinha’s silence has further complicated the situation at a time when the state election body is halfway through the election process with phases of nominations filing and withdrawing candidates over by June 20. The poll is scheduled to be held on July 8.
Justice Amrita Sinha of the Calcutta High Court on Thursday questioned if Rajiva Sinha is continuing as the commissioner of the state election body and as to whether the panchayat polls could be held at all as per the announced schedule of the poll body.
As for the removal of the state election commissioner, legal experts cited Clause 2 of Article 243K of the Indian Constitution. This states that “subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be as such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.”
Another section of legal experts said that either Sinha can resign or challenge the decision of the governor. But, until any of these happens there is no clarity on the validity of his appointment which raises another question as to whether the decisions taken so far by Rajiva Sinha then become void. TMC spokesperson Kunal Ghosh said the Governor is constantly fanning Opposition party demands. He accused Bose of acting like a BJP stooge and threatened that if he continued with his alleged attempts to derail the elections, TMC will raise slogans in public against the governor.