WBSEC moves HC over NHRC’s decision to appoint independent observer

West Bengal State Election Commission (WBSEC) is learnt to have approached the Calcutta High Court on Wednesday questioning the right of the National Human Rights Commission (NHRC) in appointing an observer for the Panchayat polls.

The move by the state’s election body comes in the wake of the NHRC deciding to appoint an observer who will supposedly work in coordination with the WBSEC.

The decision comes in the wake of apparent incidents of violence over nomination filing in different districts of the state.

Sources said the election body questioned in the court whether the NHRC has the right to monitor the activities of the poll body by appointing an observer. The State Election Commission has alleged that the human rights body is being “overactive” in this matter.

It claimed in court that no such independent body can appoint an observer for polls.

NHRC, on Sunday, announced that its DG (Investigation) will be acting as a ‘Special Human Rights Observer’ to conduct an on-the-spot survey of West Bengal, in consultation with the State Election Commission, to identify sensitive constituencies prone to violence in the upcoming Panchayat polls.

Once the sensitive areas are identified, DG (Investigation) will submit a comprehensive report for the deployment of ‘Micro Human Rights Observers’ in all the sensitive constituencies in the state during and after the Panchayat polls either by engaging the ‘Special Rapporteurs or Special Monitors’ of the Commission etc.

It said it will issue notices to the MHA, state government and the SEC seeking reports on human rights protection measures taken during the elections.

The Calcutta High Court, in its order on Tuesday, had turned down the appeal of the Opposition parties who requested appointing a former judge or special officer as an observer.

The court had said the state’s election body already appoints observers who are mainly WBCS or IAS officers. Hence, there is no need for independent observers. The court has also ordered the deployment of Central forces in sensitive areas.