MOUSUMI ROY Vs. WEST BENGAL STATE ELECTION COMMISSION

JUDGEMENT

(1.) This application has been filed seeking modification of the order dtd. 10/2/2022 so far as it relates to the direction to the Election Commission to hold the joint meeting with the Chief Secretary of the State and other authorities for the purpose of taking a decision regarding deployment of the Paramilitary Forces in the forthcoming Bidhannagar Municipal Corporation elections.

(2.) Learned counsel for the applicant has placed reliance upon the observations made by the Division Bench of this Court in paragraphs 14 and 15 of the order dtd. 28/9/2021 in WPA (P) 245 of 2021 about the conduct of the Chief Secretary of the State in sending certain communications to the Election Commission at that stage and has submitted that Election Commission should not hold the consultation with the Chief Secretary.

(3.) We have perused the observations made by the Court relating to the communication sent by the Chief Secretary stating about the constitutional crisis in not holding the by-election to the Bhabanipur Constituency during the relevant point of time. Division Bench at that time had not approved the conduct of the Chief Secretary. By the order dtd. 10/2/2022 this Court has directed the State Election Commission to take a decision about the deployment of Paramilitary Forces by holding a joint meeting with the Chief Secretary and Home Secretary of the State, Director General and Inspector General of Police after assessing the ground situation.