Holding elections cannot be a "licence for violence", the Supreme Court said on Tuesday as it dismissed the petitions of the West Bengal government and the State Election Commission (SEC) challenging the Calcutta high court order directing the state poll panel to deploy central forces across West Bengal for the July 8 panchayat elections.
The apex court observed the tenor of the high court order was to ensure free and fair election in the state.
West Bengal invariably turns into a cauldron of political violence during elections, and over 20 people were killed and scores others injured in the last panchayat polls in 2018.
Several people have been reported killed in clashes in the run up to the July 8 polls, including some on June 15, the last day for filing nominations, prompting the Calcutta high court to order deployment of central forces across the state.
Polling will be held in over 61,000 booths, many in sensitive areas.
In a setback to the state's TMC government, a vacation bench of Justices B V Nagarathna and Manoj Misra rejected the two petitions, observing "Holding election cannot be a licence for violence. Elections cannot be accompanied by violence."
"The fact remains that the tenor of the order of the high court is ultimately to ensure that there is free and fair election conducted in the entire state of est Bengal since the state is conducting the said elections for the local bodies on a single date and having regard to the number of seats which are going to the polls…," the bench said.
It said the order of the high court does not call for any interference, and the top court is not inclined to interfere with any other directions issued by the high court with regard to holding elections to the three-tier panchayati raj institutions.
The bench said West Bengal is one of those states where democratic set up exists even at the lowest level and it is at the grassroots level that the elections are taking place.
"But, at the same time, elections cannot be accompanied by violence. If persons are not able to go and file their nominations or those who have filed their nominations are ultimately finished off, or there are group clashes, where is free and fair election?" it said.
The counsel for the state government said sometimes facts and figures are different from the impressions.
Senior advocate Meenakshi Arora, appearing for the SEC, said the poll panel is aggrieved by two directions of the high court, including the one which says it will requisition central forces and deploy them across the state.
She said it is not within the jurisdiction of the SEC to requisition and deploy central forces for the conduct of elections.
"Ultimately, it is the responsibility of the SEC to conduct free and fair elections," the bench said, adding, "The question is, how are you aggrieved by the order? The point is this. You have yourselves requested for deployment of forces to the state government. Now, from where the forces come is not your concern. How is your SLP (special leave petition) maintainable?"
The bench told the counsel appearing for West Bengal that even according to the state, the police force, as of now, was inadequate to meet the situation and therefore, it has requisitioned police force from half a dozen states.
"What the high court has thought is, instead of requisitioning police forces from half a dozen states, let the central forces be brought in," it said, adding the high court has also said the expenditure will be borne by the Centre and not the state.
The apex court said there has to be coordination among the security forces to ensure free and fair elections in the state.
It said having regard to the past incidents, the high court dealt with the petitions filed before it and passed these directions.
The bench noted the advocates representing the state and the SEC have contended that the high court's direction for requisition and deployment of central forces for all the districts in West Bengal ought to be interfered with by the apex court.
Amid spiralling violence that left several people dead and injured in clashes during the nomination process, the high court had on June 15 directed the SEC to requisition and deploy central forces across West Bengal within 48 hours.
The court had noted no appreciable steps had been taken even after it passed an order on June 13 to deploy central forces in sensitive areas for ensuring peaceful conduct of the polls. It had directed the SEC to deploy these forces in all the districts that were rocked by violence over filing of nominations.
Noting that no effective steps had been taken even to identify the sensitive areas, and in light of the SEC's submission that it may take a couple of days more, the court had said, "Waiting any longer will cause more damage to the situation, and will not aid in protecting the purity of the election process."
The high court had directed the Centre to deploy the required number of central forces the cost of which will be borne by the Union government and no part of it will be charged to the state.
Opposition leaders, including BJP's Suvendu Adhikari and Congress MP Adhir Ranjan Chowdhury, had petitioned the court for deployment of central forces for ensuring peaceful elections, stating the state had witnessed large-scale violence during the urban local bodies elections in 2022 and the Kolkata Municipal Corporation elections in 2021.
They had also prayed for extension of the last date of nomination claiming the time given was not adequate. The court had left it to the SEC to consider the prayer.
