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The High Court of Calcutta by its judgment in the Writ Petitions concerning post-poll violence in the State of West Bengal has accepted the submission of the Election Commission of India (ECI) that the maintenance of law and order and registration of criminal cases is the responsibility of the State.

During the hearing of the clutch of the petitions in the matter, Advocate General raised strong argument time and again that till such time election code was in force in the State, entire police was under the control and supervision of the Election Commission of India, implying that ECI is to be held responsible for any violence till May 03, 2021, when the code was lifted.

However, rejecting State’s this argument outrightly, Court has observed that no provision of law, rules or instructions to that effect had been referred in support of this argument.

Court has stated that the police are not absolved of their duty to control law and order during the period of elections. The Election Commission is in control of administration only for the purpose of the conduct of free and fair elections. This finding is the majority opinion of the Court.

“This argument runs contrary to even the stand of the State where it claimed that number of FIRs were registered upto May 03, 2021 for post poll violence and otherwise also for normal crime in state the police was duty bound to maintain law and order and register FIRs and not the Election Commission,” Court has said.

Stressing that there was nothing placed on record by the state reflecting that even normal law and order, and registration of criminal cases comes within the purview of EC, the Court observed that,

“The State cannot be allowed to blow hot and cold at the same breath……. Constitutional obligations of the State do not get vested in the Election Commission during the process of elections.”