HC issues ‘Rule NISI’ against SEC

Kolkata: In a contempt application against the West Bengal State Election Commission (SEC) for its “deliberate violation” of the order and direction passed by the court during the state Panchayat elections, the Calcutta High Court on Friday issued “Rule NISI.”

The matter was heard by the Division Bench of Chief Justice TS Sivagnanam and Justice Uday Kumar. “We are of the clear view that there is deliberate violation of the order and direction passed by this Court and therefore this is a fit case where Rule NISI has to be issued in terms of Rule 19 of the Calcutta High Court contempt of Court Rules, 1975 to the State Election Commission,” it was held.

It has been issued for the failure to comply with the court’s order for deployment of central forces in the state Panchayat election which was held earlier this year. “A reading of the above paragraphs will show that the court was of the opinion that the order and direction issued in the writ petition has not been complied with in its letter and spirit,” the judgement stated referring to the first order passed on June 21.

According to the Court’s direction on June 15, the State Election Commission was directed to requisition the deployment of central forces for all the districts in the state and the direction was supposed to be complied with by SEC within 48 hours. According to the judgement, the first requisition was made on June 20.

“In the various orders it has been clearly brought on record that this requisition was for the minimum number which was grossly inadequate and therefore we are of the view that the State Election Commission has sought of feigned compliance of the directions and to make believe as if the order has been complied with. This is in our view, would be a deliberate violation of the order or in other words their action to make the order passed in the writ petition unworkable. It is no doubt true that the State Election Commission and the state government preferred appeal to the Hon’ble Supreme Court, however in the interregnum no prayer was made before the court for extension of time for compliance of the directions,” the judgement stated.

It was further held: “Therefore, the requisition of 22 companies of central forces at the first instance has done by the State Election Commission cannot be construed to be compliance of the order as the State Election Commission was fully aware that the 22 companies of central forces will be grossly inadequate to take care of the Panchayat elections in the entire state of Bengal. This again is an act of contempt.”