Calcutta HC seeks EC decision on TMC complaint over poll observer

The Calcutta High Court asked the Election Commission of India to decide on TMC’s complaint alleging a poll observer met a BJP candidate improperly, while the EC maintained the meeting was official and within norms

Kolkata: The Calcutta High Court has requested the Election Commission to address the TMC’s complaint that a police observer in South 24 Parganas district for the assembly polls met a BJP candidate in violation of norms. The TMC prayed for the removal of the said officer from the role of police observer in four assembly constituencies — Magrahat Purba, Magrahat Paschim, Diamond Harbour and Falta.

The EC stated before the court that the observer met the candidate in an official capacity at the designated conference room for meetings at a state government-owned tourist lodge in Diamond Harbour, and there was nothing confidential about it, as alleged by the petitioner.

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Justice Krishna Rao, after hearing the parties in the matter last week, “requested” the Election Commission of India to dispose of the complaint filed by the TMC and to communicate the order to the petitioner.

The TMC alleged in the petition that during his stay at the tourist lodge, the officer held a private and unofficial meeting with the candidate fielded by the BJP from the Magrahat Paschim assembly constituency.

Senior advocate D S Naidu, representing the Election Commission, stated before the court that sub-clause 3 of Clause 3 of the Observer’s Handbook provides that for all purposes, a police observer would act as the eyes and ears of the ECI during the period of election and provide direct input to the commission. He stated before the court that a police observer has to meet the public as well as the candidates and to submit a report to the Commission.

Naidu further submitted that the TMC’s allegation that the police observer in question met with the BJP candidate in a personal manner is baseless, as he met the said candidate in an official capacity along with others.