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LATEST NEWS UPDATES | Govt pulls new rural poll dates out of old bottle

Govt pulls new rural poll dates out of old bottle

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published Published on Apr 5, 2013   modified Modified on Apr 5, 2013
-The Telegraph


Calcutta: The Bengal government today suggested that panchayat elections be held on May 5 and 8, springing in the high court a surprise that had little new other than the fresh dates.

The government's proposal did not address the security concerns of the state election commission that had moved Calcutta High Court on Monday.

According to the commission, central forces have to be deployed if the polls are held in two phases. The government's proposal today stuck to the two-phase schedule as well as opposition to central forces.

Legal and political sources suggested that the fresh dates were part of the government's plan to counter suggestions that it was no longer keen to hold the rural polls immediately.

Panchayat minister Subrata Mukherjee said later in the evening: "We have proved that we are interested in holding the polls. Now it depends on the commission whether it will come forward."

Another section of lawyers felt the government wanted to explore the negotiation option with the poll panel.

Justice Biswanath Somadder, who asked the government if the new proposal addressed the concerns of the commission, advised lawyers representing the government and the commission to see if the matter could be sorted out over "dinner" this weekend.

"See if you can sort it out and agree on the conduct of free, fair and peaceful polls. You can let me know the outcome on April 9," Justice Somadder said.

Advocate-general Bimal Chatterjee made the dramatic announcement about the fresh dates while barrister Samaraditya Pal, who is representing the poll panel, was about to wrap up his submission.

"My learned friend is perhaps not aware that the government has issued a fresh letter to the commission requesting it to pass an order for holding the panchayat elections on May 5 and 8. The rest of it can be discussed after the order is issued. We assure, on record, that the elections would be held without any violence," Chatterjee told Justice Somadder.

The advocate-general sought the poll panel's co-operation and handed over copies of the letter to Justice Somaddar and Pal. "If the case continues here, the elections will be unnecessarily delayed. We want the elections to take place on time," Chatterjee added.

The government had earlier announced that the panchayat polls would be held on April 26 and 30. The dates look untenable because the commission has not yet issued a matching notification and a 28-day gap is required between such a step and voting.

Government pleader Ashok Banerjee said later that the proposal to alter the dates had come at the behest of the chief minister. "She is deeply concerned about the peak summer heat. She does not want people to suffer," he said.

In the court, advocate-general Chatterjee said: "This commission has not conducted a single election under this government. How can it not have any faith in this government? The government is fully equipped and prepared to hold free, fair and peaceful elections.... Everything will be adequate."

The word "adequate", Justice Somadder pointed out, was "very subjective" and asked Chatterjee if the government could offer a concrete assurance to address the poll panel's security concerns.

Barrister Pal said the commission had no reason to feel assured as the letter did not state anything new besides the altered dates.

Advocate-general Chatterjee contended that the state's own forces would suffice and, if needed, security personnel could be brought from neighbouring states. "Why this fixation on central forces? What is the necessity?" he asked.

Pal told the judge that Chatterjee's statements had made it clear that the government had not changed its stance. "Central forces were present in the 2009 Lok Sabha elections and the 2011 Assembly polls. The number of booths and voters have increased since then," Pal said.

Justice Somadder said: "I would like to know how and why the apprehension of violence changes because it's a different election. I agree that instead of 42 constituencies in the Lok Sabha elections, the (rural poll) constituencies are smaller and larger in number. But the election venues, the people who will vote and most other factors - the concerns remain the same. If general elections are being held under central forces, why should the panchayat elections be treated differently?

"You tell me, Mr Advocate-General, how and why there is a change in demographics simply because these are panchayat elections?"

The judge asked Pal if the commission was responsible for untoward incidents before, during and after the polls and if it was up to the panel to assess the need for forces.

When Pal replied in the affirmative, Justice Somadder said: "The main concern of the commission, as I have come to understand, is the conduct of free, fair and peaceful elections. For that, the commission has assessed the need for 800 companies of central paramilitary forces. Does this letter address that concern?"


The Telegraph, 5 April, 2013, http://www.telegraphindia.com/1130405/jsp/bengal/story_16750230.jsp#.UV51ezfcinh


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