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The Calcutta High Court of Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj on Friday reserved judgment in the appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order which had dnied BJP’s plea to deploy CENTRAL FORCES DURING UPCOMING CIVIC POLLS.

Counsel appearing for BJP pleaded that the appeal stems from apprehension that post-poll violence that happened in May this year after assembly election might happen again. It was further submitted that Central Bureau of Investigation (CBI) is tasked to investigate onto the post poll violence.

On Thursday, Justice Rajsekhar Mantha quashed the petition, the Court and ordered the Commissioner of Police to ensure that he forewith attends to any further complaints lodged and takes appropriate measures to safeguard the right of citizens to exercise their franchise. He also said that the assurances of the Ld. Advocate General are sufficient in view of the submissions made by the State Election Commission and quashed the plea in light of the fact that "the State Election Commission does not see the deployment of Central Forces as necessary."

BJP on Thursday further contended that Justice Mantha decided under the misconception that four party members had approached the Court, whereas the fact of the matter is that the party itself is presenting the plea.

Per contra, S.N. Mookherjee Advocate General for the state contended that in the complaints wherein it had been alleged that threats were being issued to the contesting candidates, there has been no mention of the concerned TMC party members who had been allegedly issuing such threats.

"During the entire period since elections had been notified, no incident of violence has been recorded", the AG submitted further. "Because of the post poll violence incident to say that we will never have fair and free elections unless paramilitary forces are deployed..in my humble submission, it is plausibly not the correct way of looking at it", the AG averred further.

On the other hand Senior advocate Ratnanko Banerji appearing for the State Election Commission stated that the entire case of BJP is based on the apprehension of the previous State Assembly elections. Since then, he submitted that the Election Commission has taken various steps to ensure that the Kolkata Municipal elections are conducted in a fair and free manner.

Banerji further contended that "there is adequate police force in the State, no case has been made out that additional forces are required."He further averred to Basabi Raichoudhury v. State of West Bengal & Ors wherein a Division Bench of Calcutta High Court had held that the deployment of Central Forces in a Municipal Election has to be at the decision of the State Election Commission.

The Counsel further apprised the Court that for 15,600 voters 25 police personnela are being deployed. The Court being surprised at the ratio, the Counsel said the number can be increased if the Court orders.  

The Chief Justice asked, "With only 20, 600 police personnel you will be able to do it?" In response, the State Election Commission stated that if required additional forces can be deployed and that any order to the contrary will cause erosion of the confidence of a constitutional authority."

After hearing all the parties the Bench orally remarked that the Bench will not assemble for the order however, an order will be uploaded on the website by today or tomorrow.

Even though the elections will be held on 19th December, the Bench will not be disposing of the plea and that the next hearing will take place on December 23.

The Chief Justice said, "we have kept it pending to see if what has been stated in this Court is being complied with.”

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."

Bharatiya Janata Party v. State of West Bengal