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Wednesday, June 26, 2013

Push (calculator) button for polls Court proposes five phases, govt four

Push (calculator) button for polls 
Court proposes five phases, govt four

Calcutta, June 25: Fingers are flying over calculators to figure out the final shape of the panchayat elections in Bengal.

Calcutta High Court today proposed the polls in five phases to minimise the requirement of security forces for each leg.

But the Bengal government put forward a four-phase plan which, state election commission officials said, may make it difficult to find "sufficient" forces for at least one leg. (See chart)

The court also saw a calculator changing hands among the chief justice, the counsel for the state election commission and the advocate-general representing the government. But the exercise had to be cut short because of a bereavement, prompting the chief justice to prescribe "some homework for everybody".

If the phases are changed from the current three to either four or five, it will be the sixth revision of the number of phases or dates for the elections supposed to begin on July 2 — an unprecedented situation in a state that once prided itself on its grassroots democratic record.

This morning, the division bench of Chief Justice A.K. Mishra and Justice Joymalya Bagchi proposed that the polls be held in five phases on July 2, 4, 6, 8 and 9.

However, state advocate-general Bimal Chatterjee pointed out that with elections back-to-back on July 8 and 9, it would be impossible to mobilise the security forces and send them on time from one district to another.

The court then suggested holding the last phase of the polls on July 11 but Chatterjee pointed out that the holy month of Ramazan begins from that date.

The court, which had earlier laid down the formula for deploying forces, asked the government to discuss the matter with the commission and reach a "solution".

The government and commission officials held a 10-minute meeting where the government proposed four-phase polls. However, commission officials said the state would not be able to provide enough forces for the second phase while the first leg could be extremely tight for comfort.

When the case resumed at 3pm, the state government informed the court of the four-phase plan. The commission stuck to its demand for adequate forces for conducting the polls.

While the two parties were arguing for over 20 minutes on the force requirement, Chief Justice Mishra took out the calculator from his shirt pocket and punched in figures.

Then, as state poll panel lawyer Samaraditya Pal continued to argue, Chief Justice Mishra handed the calculator to him and said: "Aap khud hi calculate kar lijiye (Please calculate it yourself)."

Pal, along with three of his assistants, huddled over the calculator. He announced a figure — the number of security personnel required for the first phase — which was in wide variance with that cited by the election commission in the evening.

The chief justice, too, mentioned a figure, which was different from that of Pal and the commission.

The chief justice took the calculator back from Pal and gave it to Bimal Chatterjee, asking the advocate- general to make his own calculations.

After around five minutes at 3.30pm, before Chatterjee and his associates could arrive at a figure, the court's working hours ended for the day because of the death of a lawyer.

"You make your calculations, we will also make ours. Some homework for everybody. Let's come back and affirm this at 10.30am tomorrow," said Chief Justice Mishra before leaving the courtroom with Justice Bagchi.

Chief minister Mamata Banerjee had said during the day that she would not like to comment on the matter as it was sub judice but added that she wanted the polls to take place on time. Panchayat minister Subrata Mukherjee said the government would follow the court's order.

Legal sources said the poll commission could explore the "available option" of moving the Supreme Court if it is not satisfied with the security arrangements. However, with the first phase less than a week away according to the current schedule, the commission's window for appeal will be quite narrow, they added.


http://www.telegraphindia.com/1130626/jsp/frontpage/story_17049441.jsp#.Ucr2_TuBloI

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