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Interviews | Hearing in rural polls case end, judge says decision soon

Hearing in rural polls case end, judge says decision soon

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published Published on May 5, 2013   modified Modified on May 5, 2013
Statesman News Service


KOLKATA: The whole perception of the state government about availability of security forces is unreliable, State Election Commission counsel Samaraditya Pal submitted before Mr Justice Biswanath Somaddar of Calcutta High Court on the last day of the hearing of the challenge to some provisions of the West Bengal Panchayat Election Act today. The judgment of the case will be delivered expeditiously, Mr Justice Somaddar said.

Earlier, citing the report of the Murshidabad superintendent of police it was submitted that there is a marked difference between the strength of forces stated in the government's affidavit-in-opposition and the report given by the SP to the commission.

The letter of the director general of police to the home secretary has stated that 34 companies of CRPF from the three Left Wing Extremist-affected districts can be made available to supervise panchayat elections, Mr Pal submitted.

The state government which is unwilling to cough up funds for the Central Armed Police Forces (CAPF) is paying for the maintenance of these forces, it was submitted. Moreover, there is no clue who will maintain peace in these areas when these forces are deployed elsewhere. There is a difference between maintaining law and order and making an assessment of the law and order situation before an election. The commission is the best judge in matters relating to election as eminent jurist Fali S Nariman has observed in his book The State of the Nation: "Election Commission is one of the most significant institutions of our democracy". "It is greatly respected as it acts independently and not in accordance to the wishes of the government for the time being," Mr Pal submitted, quoting Mr Nariman.

The attitude of the ruling parties in India is to cling to power and that is why the commission commands respect, it was submitted. There can be a budgetary head for elections by casting the tax net wider, Mr Somaddar observed. The observation came in the wake of the commission counsel, Mr Pal's submission that just as the state government could endeavour to raise funds for those affected by the chit fund scam by levying a 10 per cent tax on tobacco overnight, it has to raise funds for deploying CAPF in the panchayat election and not avoid it by pleading cash crunch.

The expenditure for deploying CAPF is much more important than some of the expenditure incurred by the state government like entertaining celebrities, it was submitted. The court should consider ordering the state government to deploy CAPF in the interest of the voters as it lies within its power to do so.


Statesman News Service, 3 May, 2013, http://www.thestatesman.net/index.php?option=com_content&view=article&id=454910&catid=42


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