NHRC Observers in WB Panchayat Election! Calcutta HC Reserves Order

Calcutta High Court Reserved order on the plea filed by  NHRC’s to appoint its observers to monitor the upcoming polls. During a hearing before a division bench of the Calcutta High Court, the State Election Commission (SEC) refuted an appeal filed by the National Human Rights Commission (NHRC) seeking to deploy its officials as “observers” for the forthcoming panchayat polls in West Bengal.

The SEC stated that electoral violence is not unique to West Bengal, emphasizing that it transpires in other states such as Chennai, Manipur, and Bangalore. The SEC’s counsel argued against singling out West Bengal and highlighted that violence during elections is a widespread issue.

Previously, a single-judge of the High Court had nullified the NHRC’s order to appoint observers to monitor the upcoming polls and aid in maintaining law and order. In response, the NHRC filed an appeal challenging the decision. During the appeal hearing, the SEC’s counsel contended that the NHRC lacked jurisdiction and authority to issue such orders, as it infringed upon the election commission’s functioning. The SEC’s counsel further alleged that the NHRC’s actions were politically motivated, with several similar petitions filed by political opponents seeking similar relief.

Opposing the NHRC’s plea, the State government’s Advocate General (AG) SN Mookerjee argued that a prior judgment by the same division bench had already rejected a petition seeking the appointment of retired judges as observers. The AG emphasized that senior IAS officers and State service commission officers had already been appointed as observers by the State, ensuring fair elections. The AG claimed that the NHRC’s order amounted to an overreach and encroachment on the powers and functions of both statutory and constitutional authorities.

However, senior advocate Aman Lekhi, representing the NHRC, defended the order, stating that the appointment of observers was intended to gather ground information and identify constituencies prone to violence. Lekhi reiterated the NHRC’s commitment to safeguarding human rights and expressed disappointment at the SEC’s challenge to their order. He argued that the NHRC’s objective was to protect citizens’ human rights and address the violence reported in various districts of West Bengal during the elections.

After thorough deliberation, the bench reserved its verdict on the matter.