New Delhi, Feb 9 (PTI) The Election Commission (EC) has told the Supreme Court that deliberate and systematic attempts are being made to derail, paralyse and frustrate its Special Intensive Revision (SIR)
in West Bengal.
In its additional affidavit, the poll panel alleged the complicity of the state government, some elected representatives of the ruling party and other party functionaries who properly planned and acted to stop the SIR by any means — fair or foul.
Meanwhile, the Supreme Court on Monday said it would not allow anyone to create an impediment in the exercise.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria noted the affidavit filed by the EC and said it would issue whatever orders or clarifications are required in the matter.
The affidavit said that the obstruction of the SIR was a matter of “grave constitutional concern”.
“The material placed on record discloses that through proper planning and concerted action, deliberate and systematic attempts are being made to derail, paralyse and frustrate the SIR exercise being undertaken by the EC in the state of West Bengal.
“The actions demonstrate complicity of the key actors of the state, including the state government, certain elected representatives of the ruling party, and party functionaries. Every trick in the armoury is being employed to ensure that the SIR process is either stopped or frustrated by fair or foul means,” the affidavit said.
It said that despite assuring the apex court, there had been repeated acts of non-cooperation, obstruction, intimidation and interference.
The affidavit said that Chief Minister Mamata Banerjee and others made public statements aimed at intimidating the election officials, and there had been several instances of threats, violence and forcible disruptions, such as destruction of official papers, burning voter forms and barging into offices.
It said that following a threat assessment by the Union Ministry of Home Affairs, the chief electoral officer of West Bengal was granted ‘Y’ category security and that he was the only electoral official to have such security.
According to the affidavit, the state government had resorted to “blatant defiance” of the EC directions, including non-registration of FIRs against people who had assaulted or obstructed election officials, failure to transfer or suspend some state officials and non-compliance with directions for deployment of officers of the requisite rank.
It said the officers of appropriate rank were not deployed to ensure that the process collapsed because of a lack of eligible personnel.
“When administrative obstruction failed, party workers and local leaders of the ruling dispensation, acting at the behest of those in power, began resorting to threats, intimidation and violence against election officials,” the affidavit said, adding that the state administration then looked the other way, emboldening such conduct.
It said that the situation was worsened by provocative speeches attacking the SIR and the EC by the “highest-level leaders” of the ruling party.
“An atmosphere of fearless, impartial and neutral revision is impossible when the elected representatives of the ruling party and party functionaries publicly name and threaten officials engaged in the revision of electoral rolls,” the affidavit said.
It said that the “conspiracy to derail SIR” also included financial and personal harassment of field officials, where payments due to booth level officers (BLOs) were withheld and micro-observers were threatened.
“Such conduct demonstrates a gross misuse of governmental, positional and political authority to hinder a constitutional exercise,” the affidavit said.
It mentioned a list of incidents, such as vandalism of BDO offices, arson, road blockades, physical assaults, threats and inflammatory speeches.
According to the affidavit, such conduct was aimed to “abort the SIR process entirely” and “perpetuate an electoral roll already shown to contain serious infirmities”.
“Such conduct amounts to an attempt to prejudice the constitutional process, undermine the authority of the EC and a blatant and contemptuous disregard for the orders passed by this court (Supreme Court),” it said.
The affidavit sought the top court’s direction to the state’s director general of police (DGP) to ensure that the FIRs requested by the EC are registered.
It also sought “a direction to all political and administrative executive functionaries, including the chief secretary and DGP, to implement the instructions of EC and report compliance”. PTI MNR MNR KSS KSS
