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The Calcutta High Court has refused to grant stay on pre-polls scheduled to be held in Kolkata and Howrah municipalities on the December 19. Besides, the High Court has also ordered speedy elections in other municipalities of the state.

The state government proposed phased civic body elections in Kolkata and Howrah which the West Bengal State Election Commission (WBBSEC) accepted, however, BJP's state vice-president Pratap Banerjee has filed the writ petition seeking simultaneous elections in all civic bodies in Bengal in February next year.

The terms of the elected boards ended over the last two years but elections were not held because of the Covid-19 pandemic. The BJP has contended that elections in more than 100 municipal bodies in the state, including municipal corporations of Kolkata and Howrah have been due for a long time and hence they should be held simultaneously without further delay.

The Court in its order noted that "these Municipalities fell due much before the onset of Covid 19 Pandemic, therefore, the State and Election Commission are not justified in taking shelter of Covid Pandemic for not holding the elections in these Municipalities within time."

The Court further observed that the elections must not be unnecessarily delayed, and stated:

"Instead of disclosing the time schedule for holding the elections in the Municipalities/Municipal Corporations in the State, a vague plea has been raised...that depending upon the various factors like Covid situation, school examination, festivals such as Makar Sankranti, Ganga Sagar Mela, introduction of Omicron etc., the time schedule will be decided. Once the decision has been taken by the respondent Nos. 2 and 3 to hold the elections for Kolkata Municipal Corporation on 19th of December, 2021 prevailing the same factors then elections of other Municipalities should not be unnecessarily deferred. In this regard, the plea of the petitioners that the respondent Nos. 2 and 3 are unnecessarily delaying the other Municipal/Municipal Corporations elections in the State cannot be ignored."

Earlier the state had submitted that elections would be held in 6-8 phases saying there is not enough Electronic Voting Machines (EVMs) available.

Rejecting that contention, the Court stated:

"The plea of the respondent Nos. 2 and 3 proposing to hold the elections in 6 to 8 phases is not supported by any cogent material. The notification dated 18.03.2015 for holding elections of 91 Municipalities/Municipal Corporations on one date has already been placed on record which cannot be ignored. Hence, the respondent Nos. 2 and 3 are expected to disclose the time schedule containing earliest dates for holding these elections expeditiously so that democratic process of holding elections can be completed without any further delay."

The matter is listed on December 23.

Cause Title: Pratap Banerjee v. State of West Bengal