Thread by @LawBeatInd

WB civic polls hearing in Calcutta High Court before CJ Prakash Srivastava and Justice Rajarshi Bharadwaj's bench.

#municipalelection #Election2022

In the last date of hearing the Court had sought reply from state and SEC regarding deployment of paramilitary forces for remaining 108 municipal water elections.

Court had also ordered police protection to a woman who was allegedly attacked during last phase of election.

Sr. Adv. Paramjit Patwalia for petitioner: Large number of candidates for BJP was prevented from even filing nomination. Submits a chart.

One candidate's car was horribly attacked. Rakesh Majumdar's nomination was not accepted for being 'late'.

Court: Please disclose who all have been prevented from filing nomination.

Patwalia: We submitted a chart.

Court: That does not contain names.

Patwali: I am not saying remove state forces but please supplement them with independent central forces. This application is not for an individual. It's from the party.

#municipalelection #Election2022

Court: The ground situation is to be assessed by SEC. Are there any instance where the court assessed the ground situation?

Patwalia: I will have to fall back to Tripura judgement.

#Election2022 #municipalelection

Patwalia: Large number of uncontested results have been declared. Candidates are being physically assaulted and they are being forced to withdraw nomination.

SEC says there is no complaint!

#Election2022 #municipalelection

Patwalia: SEC in its own accord granted permission to state to continue schemes.
I just got a message that state has filed an affidavit. I am going ahead with the hearing.

#Election2022 #municipalelection

Patwalia: Referring to schemes Paraye Samadhan and Duare Sarkar. Commission should have stopped these schemes until elections were over.

Patwalia: scheme going on giving title deeds to properties. Is this the time to do this? When code of conduct is on?

Perhaps they are leaning in one direction.

Patwalia: A man who had come to vote was hiding inside the bathroom and left.

BJP candidate of ward 42 in Asansol, his son had gone missing.

Patwalia: There have been instances of bombing to scare away voters.

Wife of BJP worker was molested.

Patwalia: SEC has cited a newspaper Joy Bangla which is a mouthpiece of TMC!
I am referring to reputed national newspapers.

Patwalia: We had election in my home Punjab, completely peaceful.

#Election2022 #municipalelection

Patwalia: This culture of violence in Bengal during elections need to change.

Patwalia: Referring to newspaper reports.

Patwalia: Inspector in charge of various police stations including Contai are calling residents at their offices and telling them to vote for TMC.

Patwalia: Shows photos of police and candidate together in Contai.
A complaint was filed by Suvendu Adhikari against the conduct of police.

Patwalia: Referring to 10th February meeting minutes between SEC and state functionaries which was mandated by court to assess whether deployment of Central force is required.
They did not discuss what you asked them to discuss.

Patwalia: Referring to its affidavit in reply.
Ruling party has candidates has more number of nominations even thought BJP declared nominations for all seats.

Patwalia: after EVM is sealed before the polling. This seal can be signed for candidates. For Contai area the SEC decided such sealing will not be done.

I do not know whose dictate the SEC is working.

Patwalia: I have five Points:

1.SEC allow these schemes to come up.
2.They are showing that everything is well, no complaints.
3.Doing away of paper seal in Contai and undoing it today morning.

4.Relying on newspaper which are mouthpieces of TMC.
5. No document has been placed on record reasoning non deployment of force.

Patwalia: I do not understand the resistance to Central forces. They very fact of resistance says there's something more than meets the eye.

I will rely on Tripura judgement to say Central forces ought to be deployed.

Patwalia: Referring to Basabi Roychowdhury v. State of WB. The court found the petition premature.

Your Lordship referred to this in your 10th February order.

Patwalia: I have placed before your lordship why SEC can not be trusted. Hence, Central forces should be deployed.

Court: Let us see what the Tripura judgement was.

Patwalia reading out.

Court: Now is there any similarly between the direction of SC and this court? What further do you want?

Patwalia reading out November 2021 order regarding Tripura elections.

Here also the court said further company should be there.

Court: the issue was deployment of additional forces. Ground situation was already assessed by authorities.

Patwalia: One of the major players is feeling uncomfortable in the election. We are coming to court over and over again. Nowhere else we are bothering the courts like this.

Reading out another order where TMC asked for forces.

Court: In this order the SEC had taken the decision.

Patwalia: Correct. But what happens when SEC is not free and fair?

Patwalia: wrt to CCTV cameras they are saying it's being preserved. That has to be reiterated for upcoming elections. Some impartial people be there as observes.
Court: It is the SEC which has to be independent and do the observing. Can any other independent observer appointed?

Patwalia: We want someone from center to be an independent observer.

Patwalia's submissions over

Adv. Jayanta Mitra for SEC: Referring to nomination count.

Court: They are saying they were denied.

Mitra: Those who came in time was accepted. It is not that because of someone's whims they were rejected.

Mitra: This issue ought to be challenged in an election petition.
They are saying their nomination is rejected, it has be supported with evidence.

Mitra: Rakesh Majumdar's case has to be decided via an election petition. It is said that he came late. There's no reason why SEC will have step motherly attitude towards him or any other candidate of BJP.

Mitra: In case of shishir bajoria in Gushkora municipality, the returning officer could not accept the nomination as the candidate approached after designated time.

Mitra: there's no record that vote has been casted for deceased Rabindrasangeet singer Dwijen Mukherjee. No complaint was received.

Mitra: Two lady candidates entered into a scuffle. They were removed by presiding officers. There's no record of 'merciless beating' as has been alleged.

Mitra: it has been alleged that BJP candidate was present in Bidhannagar, she was present in Asansol.

Lawyer: that was a typo

Mitra: coming to Asansol.

Court: according to you nothing has happened that they have alleged?

Mitra: stray incidents have happened. Such incidents have been dealt with. There has been no such incident which will call for paramilitary forces.

Mitra: I had my own apprehensions regarding Bidhannagar because it was most sensitive.

Court: so you're saying you did not call for forces even though you had apprehensions?

Mitra: Mr. Patwalia said election happened peacefully in Punjab. We had more voters coming out to vote.

The SEC does not stand in the way if your lordship thinks forces ought to be deployed. We don't think it needs to be deployed.

Court: Bench to continue after lunch.

Mitra: Newspaper reports have been relied upon. I say to what extent they can be relied upon? One newspaper says something other says something else.

Mitra: Your lordship told us, the SEC to assess the situation on the ground and decide. The ground situation is assessed from police authorities, reports and even newspaper reports. The SEC took not and hence decided. It maybe right or wrong, but it was bonafide.

Mitra: By having paramilitary forces the SEC will not be prejudiced. But the SEC thought it was not required based on basis of ground situation. Was it erroneous?

Court:Is there any record that you have assessed the situation.
SEC: It is in the minutes of 10th February meeting.
State AG: The SEC has not attached it. We have it.

Court: Point out from the minutes that you assessed the ground situation. What we can see that state gave assuring and SEC said OK.

Why does SEC take all these so lightly?

Correction: *assurance

Mitra: The discussion were held with police person who were on ground. On the basis of that it was decided central forces was not required. It was an independent decision of SEC on feedback.

Court: You took oral feedback only?

Mitra: And the reports.

Mitra: Wrt the schemes, they were started in December 2021 by WB Government. It was in abeyance by an order dated 2.01.22,the reason being the pandemic. Hence, later on it was only restarted.

Mitra: The flex around dusre sarkar campaign have been taken down. Any banner, any flex are being pulled down to confer with model code of conduct.

Regarding observer, here the independent observer is the SEC. There's no justification for any observer.

Mitra: If there's any error the court will correct it. Not by an observer breathing down the neck. Otherwise it shows your lordship has lost confidence in SEC.

Court: Acc to you what should be done with audit of record like CCTV?

Mitra: I have not thought on it.

Court: If in the audit error is found, SEC will be trouble.

Patwalia: Records can be sent to central election Commission.

Mitra: that decision will be premature.

Court: Central EC is also independent body, why can't they scrutinize it?

Patwalia: I don't know why the SEC is defensive and protective of the state government.

Mitra: It's not a question of protection of State.

Court: repeated petitions are filed, on your own don't you think a positive decision should be taken wrt deployment?

Mitra: We can do that if your lordship wants, but the ground situation did not show us the necessity.

Mitra's arguments end.

AG S.N. Mukherjee for State: Regarding paramilitary forces it is matter relating to mode of conduct of election therefore under 243 za (1), domain of SEC.

Mukherjee: Of utmost importance is what is the ground situation in 108 municipalities?
In the petition, there's no evidence of any violence during campaign by any party. The only grievance is wrt to nomination.

Mukherjee: They have alleged merciless beating and abject torture. Who is this person? No name. No complaints.

Mukherjee: they say that because there has been violence in last phase hence violence is going to happen in the 108 municipalities.

Mukherjee: I have pledged it on oath I have dealt with every one of the complaints.

Mukherjee:wrt observers, rule 7 model code of conduct is there.
Not one ground has been made up in the petition in support of new observers.

Mukherjee: wrt police officer in Contai photographed with a candidate. The photo is of Jan, elections were declared in Feb. This was a community outreach program. They both went in their official capacity.

Mukherjee: Wrt schemes, they were started before announcement of election.
Lakshmi'r bhandar is a direct cash benefit program. It has been on since December 2020.

Saktinath Mukherjee for urban Development department WB: on 9th of February a felicitation was arranged to physically distribute title deeds. It is a part of program of last 50 years.

After creation of East Pakistan there were large number of refugees. They were occupying lands. This program is to regularise.

Court: Distribute after election?

Saktinath Mukherjee: It was done before election.

Saktinath Mukherjee: this is a continuing program, model code of conduct does not apply to this.

Patwalia: If the title deed was already ready, why did the SEC have to allow it?
Other two schemes were discontinued and started in middle of election. There should be no influence in the mind of voter by rolling out benefits during election.

Patwalia: The SEC has abdicated it's function to the State. The state is running the whole show.

Court has reserved order.