In a setback to West Bengal government, the Supreme Court, while observing on Tuesday that the conduct of election is not a licence to commit violence, refused to interfere with Calcutta High Court order directing the State Election Commission (SEC) to requisition and deploy the Central forces across the state in pursuance to the panchayat elections for 75,000 seats.

Reaffirming the June 15 high court order issuing directions to the State Election Commission, a vacation bench of Justice B V Nagarathna and Justice Manoj Misra said it is the responsibility of the State Election Commission to conduct free and fair elections, where from the forces come it is not its concern.

“We are wondering, it is the responsibility of the State Election Commission to conduct free and fair elections. Where from the forces come, it is not your concern,” the bench said adding that the forces may come from within the State, the Centre or the neighbouring State, they come to the aid of the SEC. Forces come to the aid of SEC to conduct free and fair elections.

The vacation bench said that even according to the State government, its own police force is inadequate to meet the situation as panchayat elections are being held in one go (one day) and that is why you have requisitioned forces from half a dozen states.

The bench further said that the High Court has said that instead of requisitioning forces from half a dozen states, take central forces and the expenses too would be borne by it (Central government.)

Justice Nagarathna said, “The conduct of election is not a licence to commit violence. We don’t think you can have a reservation on the High Court direction … (given) the history of the State (poll related violence) and the ground realities.”

The top court’s observations came in the course of the hearing of two petitions by the West Bengal government and one by the State Election Commission challenging June 15, Calcutta High Court order directing the State Election Commission to requisition and deploy Central forces in all the districts.

Appearing for the SEC, senior advocate Meenakshi Arora told the bench that it (SEC) has no jurisdiction to requisition the security forces for deployment during the conduct of the election. Arora said that SEC can only tell the State government of its requirement of the forces and it is for the State government to arrange for them.

She also said that deployment of security forces is polling booth wise and not district wise. She said that only 184 polling booths have been identified as sensitive, requiring more deployment of the forces.

Defending the High court order, senior advocate Harish Salve appearing for Suvendu Adhikari and Dipankar Rit – respondents in the petitions by the West Bengal government and the State Election Commission respectively – told the vacation bench that though the election schedule for panchayat was announced on June 8, but there was no assessment of the requirement of the security forces.

Senior advocate Anand Grover appearing for the West Bengal government argued that the requisition of security forces required by the State Election Commission can only be done by the State government and no authority can arrogate that authority to itself.