KOLKATA: With nearly 602 companies of central forces expected to leave over the weekend, the EC-state government stand-off on who will leash the post-poll violence in Bengal till May 19 is likely to intensify. Chief minister Mamata Banerjee has put the onus on Election Commission to stop the spiralling violence, EC insists law and order is a state subject. The problem, however, runs deeper.
IGP (CRPF) Vivek Sahay said, “78 companies of CAPF will stay back in Bengal to guard the strong rooms. The remaining forces will leave in a staggered manner. Some to poll-bound Kerala and Tamil Nadu and the rest to their respective bases.“ Sahay said should the state need more CAPF now, it has to take the usual Ministry of Home Affairs route.
Under the Constitution, EC has a power to conduct elections. The apex court says “election“ commences from the initial notification and culminates in the declaration of the return of a candidate.“ The Representation of People's Act, 1951makes it clear that police officers, designated by the state, will be under deputation to EC. Given these plenary powers, EC had transferred no less than 68 officers, piquing Mamata.
Sources said curbing post-poll violence lies in EC's domain. Septuagenarian Mayarani Ghosh's petition in the high court seeks to expose the void. Advocate Jayanta Narayan Chowdhury argues, “ At the EC's urging, my client Mayarani Ghosh (78) felt emboldened and cast her vote. In doing so, her home was attacked. The EC can't abdicate its responsibility . It has to compensate my client.“
The EC on April 14 hurled the rule book at DGP GMP Reddy tasking him to act against every incident of poll violence and fix responsibility. But police, in some cases, are simply averse to taking legal action - symptomatic of a non-cooperative state government. The EC's role, however, is to conduct polls and not to “administer the state“, argues a constitutional expert. In the Choudhuri Charan Singh case, Calcutta high court had held that there is no such thing as a “caretaker government“. “For all practical purposes, Mamata Banerjee is still the chief minister. However, since the model code is in vogue she can't take policy decisions,“ he argued. He added, “Even if we use the term caretaker government, it would relate to a phase after results are declared and a new government is formed.“ It, therefore, becomes obligatory for the government to adhere to the Constitution. In it -in the List II (or the State List) -the first two entries are public order and police. A senior cop said, “The role of police isn't only to conduct polls, law entrusts them with others too. For poll-related work we report to EC; else we are state government employees.“
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