TMC, BJP Supporters Clash in Falta after Massive protests from Locals, SC Jolt to TMC on Appointment of Counting Supervisors

Manas Dasgupta

NEW DELHI, May 2: Amidst the ongoing re-polling in 15 booths from where alleged irregularities were reported during the second phase elections on April 29, the supporters of the Trinamool Congress (TMC) and the BJP clashed on Saturday following massive protests by locals in Falta constituency alleging intimidation by the ruling party workers.

Earlier in the day, the Trinamool Congress also received a jolt from the Supreme Court which upheld the Calcutta High Court’s judgement dismissing the ruling party’s plea against the Election Commission of India (ECI) over the appointment of the central government and the central public sector undertaking employees as the counting supervisors and assistants.

In Falta, the locals had a heated argument with security personnel as they alleged that TMC leaders were threatening them. Residents of Hasimnagar allege harassment by TMC workers. A voter said, “This has been happening since yesterday. TMC goons entered our village, harassed women and beat up people. The head of our gram panchayat is from TMC and he is not voted to power, he is chosen by the party.

“Jahangir Khan came here and threatened us that if they come back to power, they will rape our women and kill us. This is why people became alert since yesterday. We organized a strike on Dum Dum Road and it went on till last night. We were given time till 10 AM today. When no action was taken, we again came out to ask why that person was not arrested till now. The police came and did lathi charge, even on girls. People had to be hospitalised.”

These protesters demanded a re-poll in Falta, claiming that TMC supporters were threatening them. The protesters also called for the deployment of Central Armed Police Forces (CAPF) across the entire area to ensure safety.

Protesters, including women, raised concerns about their safety and demanded action against those allegedly responsible. One protester alleged that a local TMC leader entered the village with a group of men on motorcycles and issued threats. Another protester claimed that men and women were intimidated and warned that villagers could be attacked and killed.

“Trinamool’s Israfil Chowkidar has threatened us that if these people win, they will burn our houses and carry out bloodshed,” a female resident complained. Another woman who claimed she voted for Trinamool expressed shock that a leader of the same party targeted her. “We voted for Trinamool, yet they attacked us. We want him to be arrested. We need safety for women,” she said

Even as the re-polling in most other booths were by and large peaceful across Magrahat Paschim and Diamond Harbour constituencies, and official records reported more than 72 per cent turnout by 3 PM itself, at booth number 179 at Chanda Primary School of Diamond Harbour seat, the Trinamool Congress alleged that a specially abled voter and his mother were harassed by central forces. The alleged incident sparked protests by party workers and locals.

The TMC claimed that the voter’s mother, who had entered the booth to assist him, and her son were detained for a considerable time by central forces over alleged rule violations. “TMC leaders Manmohini Biswas and Pratik Ur Rahman reached the spot and led the protests, with residents terming the action unwarranted harassment. The matter has been taken care of by our officials there,” an official of the poll body said.

The re-poll order was based on reports received from returning officers and observers of the two constituencies and “material circumstances,” the Election Commission official said.

Another controversy erupted over allegations by the Trinamool of irregularities in strong rooms where electronic voting machines (EVMs) were kept. The party filed a complaint against a returning officer at Khudiram Anushilan Kendra, alleging unauthorised sorting of postal ballot covers. The BJP has also alleged that a strong room was opened without authorisation, prompting an inquiry, it said.

In the Supreme Court, a bench of Justices PS Narasimha and Joymalya Bagchi found logical fallacy in the TMC argument that a central government employee would necessarily go against them. That fallacy, the court pointed out, is the assumption itself and instead, the Trinamool should “give the government employees some credence.”

Senior lawyer Kapil Sibal, representing the party led by Chief Minister Mamata Banerjee, referred to a circular issued by the EC and said, “It says there has been apprehension from various quarters regarding discrepancy. They want another central government nominee. Is this not pointing a finger at the state?”

Justice Joymalya Bagchi replied, “It hardly matters if he is a central government nominee or not. It is to the subjective satisfaction of the EC. Your counting agents will be there and so will others. Then counting assistant, counting supervisor and microobserver who is a central government officer.”

“We cannot hold that this notification is contrary to the regulation since one is a central government officer, but the others are not. To choose wholly from one pool cannot be said to be incorrect,” Justice Bagchi said.

Counting in the West Bengal assembly election is scheduled on Monday.

Justice PS Narasimha also questioned Sibal’s line of reasoning: “What is this proportionate representation concept? All of them are employees of the government.” “But the state government nominee has not been appointed,” Sibal said.

“So have you written to them? You were challenging the circular and now you are saying to follow it,” Justice Narasimha replied. The EC told the Supreme Court that the state government’s apprehensions are wrong because state government officers would also be part of the process and present at the counting booths.

The TMC represented by senior advocate Kapil Sibal and advocate Sanchit Garga, said the circular was a “textbook example of an unjust executive action.” “The TMC is the main opponent to the BJP, which admittedly runs and controls the Central government. It is obvious and well known that the Central government/Central PSU employees would be directly under the control of the Centre and likely to be susceptible to the suggestion and control of persons in the BJP. Such direct control of the BJP over them gives rise to an apparent risk of bias, influence, and partisan conduct during the process of counting of votes,” the TMC submitted.

Mr Sibal said the EC’s powers under Article 324 (power to conduct, superintend and control elections) of the Constitution cannot be a “wild horse” giving them “freedom to do what they like and anytime they like.” He read out from the April 13 circular, which said that in view of the “apprehensions expressed from various quarters regarding possible irregularities during the process of counting of votes”. He asked the court about the source of the EC’s “so-called apprehensions” that the counting process would be marred by irregularities, lack of transparency and integrity and disorderliness.

“Such ‘apprehensions’ raises a finger at the State government… There must be some data to back these ‘apprehensions’,” Mr Sibal said. Mr Sibal said the TMC was informed of the April 13 circular only on April 29. He said the Central Government already had its employees in the role of ‘micro-observers’ at counting booths. Justice Bagchi observed the ECI could take decisions on the ground based on its subjective satisfaction, and there was no question of conferring with political parties on calls that had to be taken.

Even in the Calcutta High Court, the observations had said such appointments fell within the exclusive discretion of the EC and did not suffer from any illegality or lack of jurisdiction. Similar to today’s Supreme Court’s observation, the high court had said there was no restriction mandating selection only from state government employees, and authorities were free to appoint personnel from central or state services, including PSUs.

Appearing for the EC, senior lawyer DS Naidu said the returning officer is a state government employee with overarching power to deploy personnel from any pool of government employees. Sibal then said he wants the circular to be implemented as it is. It was in this context that the Supreme Court asked the question: if he wants compliance of the circular, then why is the Trinamool before the court?