SEC in limbo after Governor’s rejection of joining report

West Bengal Governor C.V. Ananda Bose [Photo : IANS]


Hours after Calcutta High Court (HC) pulled up the West Bengal State Election Commission (WBSEC) commissioner, Rajiva Sinha on Wednesday for non-compliance of the court’s orders in connection with the forthcoming panchayat elections in the state, Governor CV Ananda Bose refused to accept the joining report of the election commission chief. Mr Bose’s move has raised questions whether Mr Sinha, a retired IAS officer and former chief secretary, can continue in the post of State Election Commissioner.

Observers also ask whether the rural polls would have to be postponed owing to the ‘unprecedented constitutional crisis’ the Governor’s move may have created. Questions are also flying whether Mr Sinha would tender his resignation following the developments.

On Wednesday, Calcutta High Court, in oral remarks, had said the state election commissioner should step down if he is unable to carry out the court’s order. Mr Sinha, while entering the commission office on Thursday, responding to reporters’ questions, said: “I have not yet received any communication from Raj Bhavan.” “The governor did not accept Sinha’s joining report in a late night development on Wednesday.

The unprecedented decision may have created a constitutional crisis ahead of panchayat polls scheduled on 8 July in the state,” a source at the state government secretariat, Nabanna, said.

The state secretariat had recommended Mr Sinha, who is reportedly close to the Mamata Banerjee government, as the State Election Commissioner to Raj Bhavan on 18 May. But the governor was not satisfied with the recommendation and had sought clarifications from Nabanna seeking to know why only Mr Sinha’s name was sent. CPM MP and lawyer Bikash Ranjan Bhattacharya said: “He should no longer occupy the chair of the state election commission chief if the governor’s decision to reject his joining report is true.”

A retired chief secretary felt that the Governor should have rejected the state government’s proposal recommending Mr Sinha as the WBSEC chief in the first place. “Why did he approve the proposal initially? Why was he sitting silent for so many days even after Mr Sinha took over charge and issued so many orders related to elections?” the retired officer asked.

Nabanna had sent the name of serving senior bureaucrat AR Bardhan as a second choice after that of Mr Sinha for the post of SEC. Finally, the governor approved Mr Sinha who took over charge in the WBSEC office on 8 June. An IAS officer explained that as the Governor is the appointing authority of the state election commissioner, the poll panel chief needs to submit a joining report to the governor.

Political observers felt that Bose’s refusal to accept the joining report was the fallout of an instruction from Delhi after the Bengal BJP unit approached the party’s central leadership to prevail upon the Governor to take “some action”. The Leader of Opposition, Suvendu Adhikari has been upset with the Governor for clearing Mr Sinha’s appointment as the poll chief.

Political observers also felt Mr Sinha’s skipping a meeting with Mr Bose when the latter summoned him at Raj Bhavan few days ago to discuss poll-related violence, on the ground that the official was busy with the scrutiny of nomination papers could be a reason too.