India Supreme Court dismisses petition to deploy central forces in West Bengal local elections News
© JURIST (Neelabh Bist)
India Supreme Court dismisses petition to deploy central forces in West Bengal local elections

The Supreme Court of India dismissed a petition Friday seeking the deployment of central forces, including paramilitary forces, in the upcoming local elections in West Bengal state, alleging apprehensions of large-scale violence and electoral fraud. Two leaders of the Bharatiya Janata Party (BJP), an opposition party in the state, filed this petition against the decision of the Calcutta High Court, which had refused to direct the deployment of central forces. The elections are scheduled to take place on February 27.

Before the Calcutta High Court, the petitioners had argued that the deployment was necessary as violence and voter fraud in a recently concluded phase of the local polls was widely reported. The petitioners also contended that BJP candidates were prevented from filing their nominations. However, the High Court found that the supporting evidence was insufficient and that other materials placed on record were conflicting. Further, the High Court observed that such materials would not support the deployment of central forces as that decision should be based on the ground conditions in a particular municipality.

Therefore, the High Court had directed the State Election Commission (SEC) to determine whether the deployment was necessary after appraising the conditions prevailing in each municipality. Further, the SEC had to hold a joint meeting with the Home Secretary of West Bengal and the Director-General and Inspector-General of the Police within 24 hours. If the SEC decided not to deploy central forces, it would be personally responsible for ensuring free and fair elections.

The Supreme Court upheld the Calcutta High Court’s decision. It dismissed the petition even after the Solicitor General for the Government of India said that the Centre was willing to deploy the forces.

Rising electoral violence in West Bengal has been extensively reported in recent years. The Calcutta High Court had ordered in August 2021 an inquiry by the Central Bureau of Investigation (CBI) into post-poll violence in the state. The High Court had also proposed the constitution of a Special Investigation Team (SIT) to be overseen by a Supreme Court judge. Before this, in May 2021, a group of women lawyers had written to the Chief Justice of the Supreme Court urging him to constitute an SIT to investigate electoral violence in West Bengal.