Leaving the decision of deploying paramilitary forces during civic elections with State Election Commission (SEC), a Division Bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj of Calcutta High Court, today directed the Commissioner, SEC, to collect information about the prevailing situation in each of the poll-bound municipalities and hold a joint meeting with the state’s Home Secretary, Director General and Inspector General of the Police, within 24 hours to assess the security scenario.
The court said the SEC will examine the ground situation in each of the 108 municipalities and decide whether to deploy paramilitary forces. Relevant circumstances need to be cited if the decision favours the deployment of central forces. However, if the SEC Commissioner decides to not deploy central forces then he will be personally liable to ensure zero violence, allowing a free and fair election.
The election commission is directed to ensure that mauve paper seals are used in all the ballot units. The court directed that Election Commission should appoint impartial officers of IAS cadre as observers. On floatation of schemes-Duare Sarkar and Paray Samadhan- the court directed the SEC to examine if they were floated in violation of the Model Code of Conduct and in which case they are not to be implemented till the elections are over. The same is the position concerning the distribution of title deeds which, it was stated, though were registered prior to the declaration of the elections, may influence the voters and therefore, the Election Commission is also required to examine and decide within 24 hours.
The SEC directed to preserve the diaries of the presiding officer and register containing the thumb impression/signature of voters of all the polling booths in a sealed cover with immediate effect. The SEC is to preserve the control unit of EVM machines in terms of Rules 61N of the Rules of 1995 without any delay and preserve voting records prepared from the EVM until further orders.
The SEC was also directed to install CCTV cameras at conspicuous spots in all main and ancillary booths across the state and preserve the CCTV footages so that it can be audited, if necessary.”