The Calcutta High Court has requested the Election Commission of India (ECI) to formally address and dispose of a complaint filed by the Trinamool Congress (TMC) regarding the conduct of a police observer in South 24 Parganas. The TMC had alleged that the official violated election norms by holding an “unofficial” meeting with a Bharatiya Janata Party (BJP) candidate during the assembly polls.
The controversy arose during the assembly elections in West Bengal, specifically concerning the police observer assigned to four constituencies: Magrahat Purba, Magrahat Paschim, Diamond Harbour, and Falta. The TMC moved a petition before the High Court seeking the removal of the officer from his role.
The petitioner alleged that the observer, while stationed at a state government-owned tourist lodge in Diamond Harbour, held a private and personal meeting with the BJP candidate for the Magrahat Paschim seat. The TMC argued that such an interaction compromised the neutrality required of a police observer and constituted a violation of election protocols.
Petitioner (TMC): The TMC contended that the meeting was “private and unofficial,” raising concerns about the integrity of the electoral process in the sensitive South 24 Parganas district. They prayed for the immediate removal of the officer to ensure a fair election environment in the four specified constituencies.
Respondent (Election Commission): Representing the Election Commission, Senior Advocate D.S. Naidu refuted the allegations, labeling them “baseless.” He clarified that the meeting took place in an official capacity within a designated conference room at the tourist lodge.
The ECI’s counsel relied on the Observer’s Handbook, specifically sub-clause 3 of Clause 3, which stipulates that a police observer serves as the “eyes and ears” of the Commission. The counsel argued:
“A police observer has to meet the public as well as the candidates and to submit a report to the Commission.”
The Commission further maintained that there was nothing “confidential” about the meeting, as the observer met the candidate alongside other individuals as part of his official duties.
Justice Krishna Rao, after hearing both sides, did not pass an order for the removal of the officer but emphasized the need for the administrative complaint to be resolved. The Court noted the ECI’s stance that the meeting was a standard procedural interaction.
The Court “requested” the Election Commission of India to dispose of the TMC’s pending complaint and communicate the resulting order to the petitioner.
