West Bengal: President’s Rule Only Way To Ensure Free And Fair Elections

West Bengal Chief Minister Mamata Banerjee’s utter contempt for the Election Commission (EC) and her open defiance of and dare to it is not just a clear challenge to the EC, but also to democracy. And her attitude is proof enough that no matter what steps the EC tries to take to conduct free and fair polls in Bengal, she will find ways to defeat those steps and rig the polls. Given this, it is imperative that West Bengal be placed under President’s Rule by invoking Article 356 of the Constitution on the grounds of breakdown of law and order in the state.

This would be an extraordinary step, but the situation prevailing in West Bengal is also extraordinary, and extraordinary situations can only be tackled by extraordinary measures.

The full bench of the EC, headed by Chief Election Commissioner Naseem Zaidi and comprising Commissioners O.P. Rawat and A.K. Joti, were in Kolkata on Thursday to plug all the loopholes that marred polling in the first two phases on April 4 and 11 and to ensure free and fair polls in the remaining five phases. Flooded with innumerable complaints of the state civil and police officials acting like the Trinamool’s election agents and poll conduct violations by Mamata and her men, the EC ordered a slew of measures.

Among them were a showcause notice to Mamata Banerjee for announcing the creation of a new district after the elections. The EC took cognizance of complaints filed by the BJP against Mamata for making this poll promise that violates the electoral code of conduct. After examining video recordings of the poll promise made by Mamata, and taking into account a few other poll violations allegedly committed by her, the EC issued the showcause notice to her.  

Mamata’s response was on expected lines: she said she did the right thing and would do so a thousand and a lakh times over. “They (the EC) issued a notice to me on the first day of the (Bengali) new year. The people will issue a notice to them on May 19 (when the results are declared). I couldn’t care less (for the EC)“, she said at an election meeting hours after the EC notice on her. She also dared the EC to do whatever it could against her.

This open defiance of the EC bodes very ill for democracy and will surely act as a signal to her goons to rig the polls in the remaining phases with greater vigour.

That was not all. Referring to the complaints filed by the BJP and other Opposition parties against her and her partymen, Mamata thundered at the same election rally: “We will not spare anybody. How dare they? They cannot fight us politically. We’ll spare no one after the elections, we’ll account for everything.” That was as direct and open a threat to the Opposition as there can possibly be.

She had, on a few occasions in the past, said in response to the EC ordering an unprecedented seven-phase polling in Bengal and deployment of a large number of central forces, that after the elections are over, it is the state administration manned by her officers who would administer the state.

“This in itself is a sinister and direct threat and we’ve complained to the EC against such statements. Such statements are aimed at reminding voters who are inclined to vote against her party that they’ll have to live under her government after the polls and would have a pay a price for their defiance. This message was also meant at civil administration and police officers who may have been thinking of acting without fear or favour in conducting the polls. Such statements violate the spirit of democracy,” said former state BJP chief Rahul Sinha.

Mamata also breathed fire against the EC’s threat to take action against her close lieutenant Anubrata Mondal who is notorious for not only issuing threats to the Opposition, but also carrying them out. Mondal had, earlier this month, passed disparaging comments against BJP candidate and actor Locket Chatterjee and senior CPM leader Mohammad Salim. And even as the EC, based on complaints filed by the Opposition, was preparing to issue notices to him, Mondal--the strongman of Birbhum district—boasted before media persons how he would drive away Opposition polling agents from the booths on the day of polling there.

On Thursday, the CEC wondered why no action had not been taken against Mondal and said the EC would act against him. Mamata then dared the EC to act against Mondal. “Let’s see who touches him,” she said, adding that the EC would also have to act against Opposition leaders.

Anubrata had, in the past, threatened to “gouge out the eyes of CPM men”, urged Trinamool goons to “drown CPM men in canals and rivers”, “chop off the hands of Congress men” and “hurl bombs at police and torch houses of Independent candidates”. Despite all the criticism and censure, Mamata had stood by Anubrata, calling him “a good boy” in public. That’s because, say Opposition leaders, Mamata is totally dependent on Anubrata and many strongmen like him all over the state, to threaten and intimidate the Opposition and voters and ensure victory for Trinamool candidates.

Reacting to the transfers of officers ordered by the EC (42 so far, including the Kolkata Police Commissioner), Mamata again acted defiant and reminded everyone that, at the end of the day, all officers were her men. “Only God knows who guides them (the EC) to take such decisions. Some political parties in our state are responsible for this. The BJP lodged a complaint and had the Kolkata Police Commissioner removed. So what? The person who replaced him is also our officer. And by removing officers you cannot change their mindset,” she reminded the EC.

The Police Commissioner, it may be mentioned, was removed after many complaints were lodged against him by Opposition parties with the EC. It was alleged that he masterminded the counter-sting operation against BJP’s Rahul Sinha that backfired. (Two constables from the police’s special branch went to Sinha posing as cattle smugglers and asked for his help in their business in exchange for money. Sinha smelt a rat and handed them over to the police.)

Mamata told the EC on Thursday: “Make as many transfers as you like. Everyone (all officers) are ours. Mindset won’t change if they go somewhere else for 15 days.” Hardly ever have we seen such utter disregard for the EC and the democratic process. This also proves that no matter what the EC does, the state administration will do her bidding.

After the 2014 polls, Mamata reinstated all officers that the EC had transferred in an open act of defiance of the EC. This time, too, she has hinted that the transferred officers would be reinstated. “This doesn’t happen in other states. And they (Mamata’s statement and her actions) are aimed at intimidating all officers and reminding them that after the polls are over, they will have to face the music if they dare to act impartially,” said state Congress chief Adhir Chowdhury.

Mamata also cast aspersions on the EC by alleging that the body was acting at the behest of Prime Minister Narendra Modi, Congress chief Sonia Gandhi and Sonia’s political advisor Ahmed Patel. “She is trying to undermine the credibility of the EC and lower its image in the eyes of the people with such baseless allegations. By making such allegations and imputing motives to an autonomous Constitutional body, she is undermining the Constitution of India and our country’s democracy. She has to be checked,” said BJP leader Rahul Sinha.

Along with all this defiance and mockery of, as well as dare to, the EC, it should also be noted that the various steps that the EC announced on Thursday to ensure that the next few phases of polling in West Bengal are free and fair will very likely be ineffective. That’s because Mamata continues to be in charge of the state administration (though it technically comes under the EC during the poll process) and no officer would dare to defy Mamata and act independently and impartially. All the steps that the EC has ordered can be countered and defeated by Bengal’s highly politicized state machinery and by the Trinamool’s cadres who will, without an iota of doubt, continue getting a free hand to rig the polls.

The EC had taken tough measures to ensure free and fair polls on April 4 and 11. But, as alleged by Opposition parties, these measures were easily defeated and the polls were rigged massively by the Trinamool in connivance with state poll officials (who are all state government employees). There is no reason to believe that the additional measures the EC announced on Thursday will work, especially since the CM of the state is not only hell-bent on undermining the EC and tarnishing its credibility, but also sending a message to state officers that she will take them to task after the polls.

Under such grave circumstances, elections in West Bengal cannot be free and fair. The only way that free and fair polls can be ensured for the remaining phases (polling is complete in 49 constituencies, while the remaining 245 will go to the polls on April 17, 21, 25 and 30 and on May 5) is to bring the state under President’s rule immediately.

This is the only way that poll officials can be made to act without any bias and freely and the EC can have effective control over the poll process and the poll machinery. Otherwise, the next few phases of polling in the state will turn out to be exercises in rigging and a mockery of the Indian Constitution as had happened on April 4 and 11.