SC says it's averse to postponing elections, refuses to put off Tripura civic polls

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Published : Nov 23, 2021, 7:47 PM IST

Updated : Nov 23, 2021, 9:22 PM IST

Supreme Court refuses TMC's plea to postpone civic polls in Tripura

The Supreme Court bench led by Justice DY Chandrachud refused to postpone Tripura Municipal elections observing that "postponing elections is an extreme thing to order in a democracy and we are averse to it". The court was hearing a contempt plea by TMC seeking contempt action against the Tripura government and other officials for failing to curtail violent incidents against opposition parties in the run up to the upcoming Municipal polls.

New Delhi: The Supreme Court on Tuesday refused to allow the prayer of All India Trinamool Congress seeking postponement of Tripura Municipal elections observing that "postponing elections is an extreme thing to order in a democracy and we are averse to it".

"It will set the wrong precedent," a bench led by Justice DY Chandrachud said while hearing the contempt petition by AITMC seeking contempt action against the Tripura government for failing to curtail violent incidents against opposition parties in the run up to the upcoming Municipal polls.

The court was apprised by the TMC party about various violent incidents that have taken place in Tripura and inaction of police. Senior Advocate Jaideep Gupta appearing for TMC told the court that a MLA of a ruling party made a statement where he allegedly asked for action against TMC workers in "talibani style". Further he argued before the court that political workers are being driven out, attacks are being carried out which will prevent the voters from coming out and therefore the elections shall be postponed.

Court asked for clarification on MLA's statement to which the state responded saying that "petitioners are making mountains out of molehills".

TMC told the court that situation is very serious in Tripura, journalist was beaten up, party leader Saayoni Ghosh was charged for raising slogans despite being a victim herself and CPI(M) has even withdrawn its candidate.

Read: SC to hear contempt plea of TMC over law, order situation in Tripura today

Senior Advocate Gopal Sankaranarayanan, also appearing for TMC, cited a judgement which had ordered to postpone West Bengal elections due to volatile situation. He said that earlier also elections have been postponed due to lack of force. TMC told the court that companies have been sent to Jammu & Kashmir even when there are no elections there. J&K is being just used as an excuse, said Adv Gupta.

Justice Chandrachud said that they can not ask to pull out companies from J&K and send to Agartala.

Senior Advocate Mahesh Jethmalani appearing for Tripura submitted before the court that there are 78 sections of CRPF drafted for election duty and each section has 8 personnel. 12 more sections would come in and then there would be 96 personnel. He said that almost 2 battalions have been deployed. On being asked about arrests made by the state, Adv Jethmalani said that all the complains are of scuffle and no arrests are made on that. There are no FIRs which consists of offences with imprisonment more than 7 years.

Court said that instead of postponing elections it will strengthen its orders. It ordered the IG and the DGP of Tripura to hold a meeting with the State Election Commission Wednesday morning for assessing the availability of sufficient strength of paramilitary forces for ensuring peaceful conduct of remaining phases of elections. The court said that after making assessment, a requisition shall be submitted to CRPF or MHA and any such request shall be duly considered having regard to the situation for ensuring orderly conduct of elections on November 25. The DGP and IG has to ensure peaceful and orderly elections.

With regard to grievances of petitioner regarding no action taken despite lodging FIRs, court asked the state to submit a table detailing FIRs registered, action taken and arrests made.

"While we are not inclined to accede to the prayer of postponing elections, we are of the view that it is the duty of DGP, IGP and Home secretary to assuage any misgiving of the fairness of law in supporting the election process. Law enforcement agencies must discharge their duties in even handed and non partisan manner to obviate the apprehension that party members of TMC are being targeted by the political adversaries," ordered the court.

Court also sought for a compliance report along with details regarding steps taken to ensure security in the electoral process. The matter will be heard again on November 25.

Last Updated :Nov 23, 2021, 9:22 PM IST
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