“Postponing election is an extreme recourse”: Supreme Court declines AITC's plea to postpone local body elections in Tripura

A Supreme Court bench of Justices Chandrachud and Vikram Nath today declined to postpone the local body elections in Tripura. All India Trinamool Congress (AITC) sought the court to postpone the elections in light of the volatile law and order situation in the State.

AITC had filed a contempt petition against the State of Tripura on the ground that the State was in violation of the order of the court dated 11th November. The court had on 11th November passed an affirmative ad interim order in a plea by All India Trinamool Congress (AITC), seeking a direction to the authorities in the state of Tripura "to discharge their constitutional and statutory duty of ensuring the maintenance of security and safety before the upcoming Municipal elections"

When the matter came up for hearing, Jaideep Gupta, Senior Advocate, appearing for AITC submitted that the situation in Tripura is very serious. He submitted that party flags are being uprooted and there are instances of physical violence. He told the court that police are ineffective and that the attackers ransacked a police station and beat up journalists. Gupta submitted that FIRs have been lodged only against AITC members just for repeating the party slogan and that the political workers are being driven out. He sought the court to postpone the election in the light of the law and order situation in the State.

Gopal Shankarnarayanan, Senior Advocate, appearing with Gupta submitted that there been 17 incidents so far and no arrests have been made and that the Superintendent of Police has admitted that BJP ‘goons’ have been perpetrating such attacks.

Mahesh Jethmalani, Senior Advocate, appearing for the State of Tripura submitted that the whole exercise is politically motivated and that today being the last day of the campaign, they have moved this petition. He informed the court that the High Court of Tripura had already decided on the same issue. He further submitted that most of the incidents mentioned are absurd and complaints pertaining to these incidents have alert been filed. He submitted that while it is true that in some cases arrests were not made, the offences were not serious enough for arrests to be made.

Justice Chandrachud at this point asked Jethmalani as to what steps have been taken between today and 28th November (the date of counting) and who is incharge of the security. The court directed Jethmalani to get detailed instructions on this aspect and obtain a signed statement from the DGP on the same.

On going through the statement detailing the security arrangements, the court was of the court expressed its intention to strengthen its earlier directions dated 11th November to ensure that the election is conducted smoothly. Justice Chandrachud opined that postponing the election is an extreme thing in democracy.

Gupta at this point submitted that the document demonstrates that what they have done is inadequate and that the total deployment will remain as it is because some forces have been deputed to Jammu & Kashmir. Justice Chandrachud informed Gupta that the court cannot direct the central government to pull out troops from J&K and deploy them in Tripura.

Jethmalani submitted that 78 sections of CRPF have been drafted and and 12 more sections will be drafted, he further submitted that out of 3 battalions attached to Tripura, almost 2 have been deployed for election.

The court on hearing the submissions of the party noted that the election process has begun and that the campaigning will end by 16:00 today. The court held that postponing the election is an extreme recourse and that the law and order machinery at Tripura will have to ensure that the remaining phases take place in a smooth manner.

The court while noting that a statement has been filed by Inspector General (Law & Order) and DGP of Tripura directed them to hold a joint meeting with the State Election Commission by tomorrow morning and assess the paramilitary strength available with the State. On assessment if they require additional forces, they may requisition the same form the Home Ministry. The DGP and IG were further directed to take all steps to ensure that the election process is conducted in a peaceful manner, particularly on the date of polling.

The court while noting that since a serious grievance has been expressed by petitioner directed the the State submit a tabulated statement of the complaints, FIR and action taken and arrests made. The court observed that while they are not inclined to postpone the election, there should be no compromise on law and order. In the event of any such compromises, the court held that coercive steps may be taken.

Case title : All India Trinamool Congress Vs State of Tripura

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