Poll security string ties state  Panel primacy in dispute

OUR BUREAU

Calcutta, June 4: Calcutta High Court today directed the Bengal government to follow its May 14 order in toto and comply with the demands in the state election commission's May 22 letter, which sought 1.18 lakh armed police for the July 2 vote and 37,000 in the run-up to it. But the court left pending the key question of supremacy between the commission and the state over the conduct of the polls, while saying that in any difference of opinion, "you (the election panel) will prevail". Panel counsel Samaraditya Pal had told the court his first prayer was for a decision on who had the power to instruct district administrations during the poll process. "We are keeping the application pending; the issue of supremacy will be discussed during the final hearing," Chief Justice A.K. Mishra said, posting the final hearing four weeks later, coinciding with the first phase of polling. By the time the verdict comes, the poll process — which must meet the July 15 court deadline — could be over. "If a difference of opinion arises between the state and the commission in the meanwhile, whose decision would stand?" Pal asked. "You will prevail. Nobody is doubting your authority," said the chief justice, sitting on the bench with Justice Joymalya Bagchi. The issue has gained importance after the state bypassed the commission and convened meetings of district officials to discuss poll preparations. The May 22 letter had cited the court's May 14 formula to spell out security requirements: 1.18 lakh armed police on July 2 and before that, 26,000 for confidence-building and area domination and another 110 companies (about 11,000 personnel) for the nomination process. Bengal can spare 48,000 of its own police but there's no clarity on how the remaining 70,000 would be marshalled. The state has written to the Centre and some other states but responses are awaited. Whatever happens, the delay has ensured that nomination-filing for the nine first-phase districts has taken place — the last date is Wednesday — without the security demanded by the poll panel. The last nomination filing dates for the second and third phases are June 10 and 12. The commission had also applied for instructions relating to poll observers — the state had named only 360 of the 400 sought — and disbursement of election funds. The court directed the state to "send a list of 40 competent observers within three days". "As the state had already disbursed the rest of (the) fund(s) amounting (to) Rs 48.81 crore yesterday, the issue has become infructuous," it said. Advocate-general Bimal Chatterjee assured the court the government would carry out the May 14 order in toto and comply with the demands in the May 22 letter.  http://www.telegraphindia.com/1130605/jsp/frontpage/story_16973175.jsp#.Ua9D7tKBlA0