The Trinamool Congress on Monday moved Calcutta High Court, challenging the Election Commission of India's decision to seek details of booth-level agents (BLAs) from political parties nearly a year ahead of the Assembly elections in Bengal.
In its petition, Trinamool said it was not within the commission’s jurisdiction to seek such details from political parties with such a long time remaining for the elections.
“The commission has no legal power to seek the documents so early. Election dates have not been announced yet. Where is the commission getting the power? Please consider the case as a serious issue and hear the same urgently,” said Trinamool’s counsel Arka Nag to Justice Amrita Sinha, before whom the matter came up for hearing.
Justice Sinha asked whether Trinamool was the only party affected by the commission’s decision.
“Please let me know whether any other political party raised a similar question,” said Justice Sinha, to which Trinamool’s counsel argued that other parties might have accepted it, but his party was challenging the EC's decision.
“Perhaps other parties have accepted the commission’s decision. But TMC does not. So it approached the court,” said Trinamool’s counsel.
Trinamool’s plea for a fast-track hearing was rejected by Justice Sinha.
“The petition will be heard in the normal course,” she said.
Later in the day, underscoring the party’s decision to move the court on the matter, Trinamool national general secretary Abhishek Banerjee lambasted the commission for allowing its Constitution-granted autonomy to be eroded under the saffron regime, mocking the BJP leadership for becoming spokespersons for Nirvachan Sadan.
“We have already moved Calcutta High Court on this issue. The EC asked for BLA details. But the EC has lost all credibility, working only for the BJP,” he said.
“Giving them the list means it will end up in the BJP’s hands…. That is why we will only submit the list a week before the elections. The EC is not neutral, not impartial, and is not working for the Constitution’s welfare. The fight against the EC will continue everywhere,” added the Diamond Harbour MP.
Abhishek said supposedly autonomous central agencies like the EC and the ED (Enforcement Directorate) had become stooges of the Narendra Modi government and were being misused by the BJP to harass leaders in the Opposition like him without a shred of hard evidence.
“Yesterday, the press conference convened by the Election Commission took place. The questions posed by members of INDIA were not answered properly. Instead, the commission deflected and tried to pin the blame on the Opposition parties,” said chief minister Mamata Banerjee’s nephew.
“If there are errors in the electoral rolls, then the ERO of the EC can take suo motu cognisance and investigate,” he added during a media interaction at the Calcutta airport, referring to the commission directive asking Congress’s Rahul Gandhi to submit an affidavit regarding his allegations of voter fraud. “The chief election commissioner (Gyanesh Kumar) has bypassed the main issue…. No affidavits are required.”
Jeering at the commission for demanding affidavits, Abhishek said: “In Bihar, the names of 65 lakh people have been removed from the rolls. Does chief election commissioner (Gyanesh Kumar) have the courage to resign if even one error is proven in those rolls? The BJP is using the EC to snatch people’s constitutional rights,” said the Diamond Harbour MP.
“These questions are meant for the EC, but why is the BJP defending them? If we question the ED, the CBI or the EC, why does the BJP defend them?” he asked.
Abhishek said an impeachment motion against Gyanesh Kumar was most likely in the next session of Parliament."If we were to introduce an impeachment motion, we would need to give a 14-day notice. Since Parliament ends on August 21, we might not be able to do it this session," he said.
"But given how the EC is functioning, we will certainly do it. If not now, then in the next session," added the MP.
Later in the day, Mamata alleged a survey was being surreptitiously conducted for the “backdoor NRC” — which she calls the commission’s SIR — by the Centre in the garb of a mental health survey.
“Kalyani AIIMS is under the Centre… what are they doing in the name of mental health? They are conducting a survey for NRC indirectly,” she alleged.
“In the name of a mental health survey, work is being done on behalf of one party. If they have the courage, why do they not work directly for the party?” asked the chief minister. “There are many such agencies that they are using so that your names can be removed from the voter list. Be cautious and remain alert. Do not give any details to anyone except to state officials.”
The leader of the Opposition, Suvendu Adhikari, asserted that the SIR would take place anyhow in Bengal, or else, there would be no election here.
“No SIR, no election,” he claimed.
Ghatal PIL
A division bench headed by Justice Sujoy Paul of Calcutta High Court on Monday asked the Union government to be party to a public interest litigation against its alleged failure in initiating the work on the Ghatal Master Plan. The bench issued the directive after the state counsel claimed before the court that the Centre was yet to disburse any funds for the proposed project.