New Delhi: The Supreme Court on Tuesday refused to postpone Thursday’s municipal elections in Tripura on account of political violence in the state, saying "postponing elections is a last and extreme recourse." Also, any such decision will set a bad precedent.
The Bench of Justices D Y Chandrachud and Vikram Nath, however, took serious note of various incidents of political violence in the run-up to the elections and issued a slew of directions to the state and police authorities for ensuring peace on the polling and counting days and sought details of the security arrangements.
The court was hearing a contempt petition filed by the Trinamool Congress (TMC), alleging that violence against its party workers is continuing unabated in Tripura and false cases are being filed against them by the ruling BJP government.
"We feel that instead of postponing elections, the apprehensions can be redressed by issuing pre-emptory directions to Tripura to ensure that remaining phases of municipal elections take place in fair manner," the order said.
The court even ordered deployment of the central armed forces to deal with the situation. "...A requisition shall be submitted to the CRPF or the Home Ministry. Any such request will be duly considered with regard to maintaining peaceful, free and fair polls in Tripura."
Senior Advocate Mahesh Jethmalani, appearing for the State of Tripura, said that it is a politically motivated case, while pointing out that the petitioner had first approached the High Court and then moved the Supreme Court. "Today is the last day of campaigning. Polling is on the 25th. Suddenly they come up with a string of incidents. We have a compliance report," he said.
The court reacted: "When an MLA is assaulted in a public rally and if a statement is given on affidavit we have no reason to disbelieve it. Tell us who is in charge of security for these elections."
The top court had on November 11 passed an order directing the State authorities to ensure that law and order is maintained and no political party is denied its right to campaign in the State.
In the contempt petition filed and admitted on Monday itself, the TMC alleged that the situation in the State is "worsening by the day" and incidents of violence are continuing.
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source https://www.freepressjournal.in/legal/fpj-legal-sc-refuses-to-postpone-tripura-local-body-polls-asks-state-govt-to-ensure-free-fair-election
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