The Election Commission of India will wait for the Bengal chief secretary Manoj Pant’s action-taken report on the four officials against whom the poll panel asked for suspensions and FIRs for “adding bogus names” in the electoral rolls of Moyna and Baruipur (East) Assembly constituencies.

This comes in the backdrop of chief minister Mamata Banerjee, at the Jhargram rally, dubbing the EC as “bonded labourers” of the BJP and vowing to protect the four officials.

The EC had not reacted to the remarks of the chief minister till late Wednesday evening.

“The EC has asked the chief secretary to put the officials under suspension and lodge FIRs against them as they were found to be responsible for inserting fictitious names in the electoral rolls, which potentially amounts to criminal misconduct.... All governments are legally bound under section 13(CC) of the Representation of the People Act, 1950 to adhere to the directives of the EC about officers who are engaged in the preparation of the rolls or conduct of elections,” said a source in Nirvachan Sadan.

Sources also said that the EC would wait for the chief secretary’s action-taken report as the poll panel has asked the chief secretary to send the action-taken report “at the earliest”.

In case Pant writes that the state would not follow the directive of the EC or he does not get back to the poll panel within a few days, the EC can seek an explanation from him.

“Seeking an explanation from the chief secretary might not help the EC to force the state to comply with the order to suspend four officials and lodge FIRs against them. But it would help the EC to build a legal case,” said a source.

“In 2000, the Supreme Court ruled on what action the EC could take against officials. This came about as a settlement between the EC and the Union of India, in which states were also consulted. If the state does not comply with the order, the EC can move to the court and point it out as a contempt of the court,” said another source.

A section of the officials said that if the state refuses to comply with the order, the EC can take stern measures.

“It has the option to follow the footsteps of T. N. Seshan, former chief election commissioner. Once he had said that he would not conduct polls if the governments don’t obey the poll panel. But this option is not an easy option to implement in a democratic set-up,” said another source.

A section of the officials said that the poll panel’s stance on the issue would be evident within a few days, as similar complaints of inserting bogus voters in the electoral rolls have been forwarded to Nirvachan Sadan against the officers of two more Assembly segments — Nandakumar and Rajarhat-Gopalpur.

“If the EC asks the state to initiate similar action against the EROs and AEROs of
these two Assembly segments within the next few days, it would be clear that the EC would not shift its stance. The poll panel has made it clear in its letter that the action against these officers was justified as they neglected their duties while preparing the electoral rolls, which is the basis of free and fair polls,” said an official.