TMC seeks removal of deputy election commissioner, calls him partial to BJP
Jain has already visited the state twice to hold talks with bureaucrats and police officers. A large number of Central police personnel have arrived in the state and been deployed in trouble-prone regions.
Bengal’s ruling Trinamool Congress (TMC) on Thursday wrote to the Election Commission of India (ECI), seeking the removal of deputy election commissioner Sudeep Jain who is in charge of the assembly polls. Jain is partial towards the Bharatiya Janata Party (BJP) and the polls will not be fair if held under his watch, the TMC alleged in its letter.
Jain has already visited the state twice to hold talks with bureaucrats and police officers. A large number of Central police personnel have arrived in the state and been deployed in trouble-prone regions.
In the two-page letter, TMC’s leader in the Rajya Sabha, Derek O’ Brien, cited deployment of state police under Central Armed Police Force officers during the 2019 Lok Sabha polls and called it a violation of the Constitution. He also referred to the ECI’s decision to stop poll campaign after the vandalism at Kolkata’s Vidyasagar College, which resulted in the damage to a bust of 19th century social reformer and educationist Ishwarchandra Vidyasagar, during a roadshow of Union home minister Amit Shah prior to the Lok Sabha polls.
“In the aftermath of the vandalism, Sudeep Jain furnished an erroneous and biased report based on which the ECI in an unprecedented manner, barred election campaigning two days prior to the polling date. Only one political party, the BJP, was allowed to complete its election campaigning for that day before such a bar was announced. No explanation was sought, so show-cause was issued, no action was taken by the ECI against the perpetrators, which is Amit Shah or his entourage. Jain’s actions were completely biased, partisan, reeked of partiality and tainted,” O’Brien wrote on Thursday.
“During the Lok Sabha elections of 2019, Sudeep Jain introduced the concept of quick response team (QRT), comprising state police and Central armed police forces (CAPF) to be led by an officer of CAPF. The scheme of the Constitution of India mandates that a state shall have the right to deal with ‘public order’ and ‘police,’ under Entries 1 and 2, respectively, of List II of the Seventh Schedule to the Constitution. Any deviation from the same would tantamount to an attack against the ideals of federalism, which has been recognized as an essential feature and a part of the basic structure of the Constitution,” the letter reads.
The election schedules for West Bengal, Assam, Tamil Nadu, Kerala and Puducherry were announced on February 26. Polls in Bengal will be held in eight phases between March 27 and April 29.
“There is no provision anywhere to give power to the CAPF to control or command the state police. The state police functions under the exclusive superintendence of the state government as per relevant laws applicable to it, including but not limited to the Code of Criminal Procedure. There exists a functional dichotomy between the CAPF and the state police,” says the letter.
“During elections, their deployment is to work under command and in aid of the state police for local area domination, static duties etc. Even under the plenary powers of Article 324 of the Constitution the ECI cannot take a decision of such nature since the same is completely beyond the realm of law,” the letter mentions.
“For such reasons, the said decision as introduced and/ or communicated by Sudeep Jain was bad in law. Subsequently, the ECI realized the wrong and the decision for QRT to be led by an officer of the CAPF was withdrawn. Under the circumstances, we have serious doubt that Sudeep Jain would be impartial, fair and his approach towards all parties would be equal for the reason that all his actions were favourable to and/or are tilted and/or are undue, illegal and/or unconstitutional. We have no confidence in Sudeep Jain,” O’Brien has written.
The TMC’s complaint gains significance in view of the repeated statements BJP leaders made at recent rallies, claiming that the local police will not be seen anywhere near polling booths and the elections will be held under the watchful eyes of central police forces. “The local policemen can sit in their police stations and enjoy tea,” Bengal BJP president Dilip Ghosh was heard saying at several rallies.
Reacting to the letter, Bengal BJP’s chief spokesperson Samik Bhattacharya said, “Having realized that the BJP is going to win the elections, the TMC is acting out of sheer frustration.”
This is the TMC’s second letter to the ECI in 72 hours.
Use of Prime Minister Narendra Modi’s photograph on provisional certificates issued during Covid-19 vaccination violates the model code of conduct that comes into force after elections are announced, O’Brien wrote to the ECI on Tuesday.
