Kolkata: The Calcutta High Court on Wednesday refused to stay the Kolkata Municipal Corporation (KMC) election due on December 19, while directing the state poll panel and the Bengal government to take measures for holding elections in other civic bodies at the earliest with the least possible number of phases.
The State Election Commission (SEC) and the state government had earlier told the court that elections to 111 municipal bodies will be held in six to eight phases by May 2022, but dates can be fixed later, taking into account the spread of the Omicron variant of Covid-19, and considering the school Board examinations.
A division bench comprising Chief Justice Prakash Shrivastava and Justice R Bharadwaj in its order refused to stay the KMC elections as prayed for by the BJP.
The BJP and another petitioner had moved the high court seeking direction to the SEC and the state government to hold elections to all the municipalities and municipal corporations where it is due together and as soon as possible.
Claiming that the SEC and the state government had announced the schedule for the KMC elections during the pendency of its petition, the BJP had prayed for a stay on the polls for the city's civic body, which is to be held on December 19.
The bench directed the SEC and the state government to take measures for holding elections to the other 111 municipal bodies at the earliest in minimum possible phases.
It directed the SEC and the state government to inform the court on a tentative plan for holding these elections on the next date of hearing on December 23.
The court was hearing a petition by BJP member Pratap Banerjee seeking a stay on the upcoming Kolkata municipal polls as well as praying for simultaneous polls to the other municipalities where elections are pending.
Counsel for the BJP leader had argued that no clear time schedule was released by the State Election Commission for the conduct of these elections. It was further contended that in the absence of VVPAT machines and the alleged non-issuance of a necessary public notice, the court should stay the elections.
Advocate General SN Mookherjee, appearing for the State, submitted that the said notice was issued and that the use of VVPATs has not been mandated by the top court for local elections such as these. He added that the pending elections to other municipalities will conclude by May 2022, and cited the non-availability of VVPATs from the Election Commission, which had rejected its request to supply the same.
The court observed at the outset that in 11 municipalities, elections have not been held for the last three years.
The High Court further observed that since the polls to the municipal corporation in Kolkata are notified and upcoming, the prayer for simultaneous polls does not survive at this stage. It cited Article 243-ZG (b) of the Constitution in this regard, which bars interference in electoral matters.
On the issue of mandatory use of VVPATs, it observed: "Hon'ble Supreme Court had clearly observed that the existing system is not doubted by the Court so far as fairness and integrity are concerned but had observed about increasing the machines which are subjected to verification of paper trail to a reasonable number. These judgments are not relating to the local bodies elections and in none of these judgments it has been held that the elections should not be held if the VVPATs are not used."
The bench thus ruled that a direction to stay or postpone the polls is not required in the instant matter. It ordered compliance with its earlier order requiring the State Election Commission to disclose a tentative schedule for conducting elections of all municipal corporations/municipalities.