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Justice Rajasekhar Mantha of the Calcutta High Court on Wednesday adjourned the hearing of a plea moved by the Bharatiya Janata Party (BJP) seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections to be held on December 19.
Earlier, the Supreme Court had declined to hear the plea stating,
"We cannot take decisions with respect to the requirement of central force. The High Court will be in a better position to know the situation."
Senior advocate Maninder Singh, appearing for the West Bengal BJP, had submitted that the party's nominees have been threatened and pressured, He also said that though complaints have been lodged, no FIR has been registered, so far, by the state police.
"Holding free and fair elections is a Constitutional mandate. Article 324 is a reservoir of power for the Election Commission to act for avowed purpose of pursuing the goal of free and fair elections and in this view, it also assumes the role of the advisor," it said.
The petition said that it is seeking adequate security development in light of the targeted widespread post-poll violence that occurred in West Bengal in May.
It said representations have been filed with authorities and the Governor, seeking deployment of additional forces to ensure a fair and transparent election.
"This has been done in light of the fact that the candidates have been receiving threats from TMC goons which have been identified by the candidates. Candidates are scared for their life and are being pressured to withdraw their nomination," it said.
Deployment of central forces will aid and assist the state administration in conducting free and fair elections and this is necessary to ensure free and fair elections, the plea said.
"Conducting free and fair elections is inherent to the functioning of the democracy and therefore, free and fair elections form part of the basic structure of this democracy," it said.
"The problem is if we start taking this on 32, there would be no end", the bench said, leading to withdrawal of the plea by the West Bengal BJP to move the high court. The matter is posted for tomorrow.
Further, earlier the High Court bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj refused to stay the KMC election on plea filed by BJP.
Bharatiya Janta Party Rep. By Its General Secretary v. State of West Bengal
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