Says panchayat polls as per schedule; will abide, says CM
“Should we violate the Constitution (by postponing the dates) or should we allow polls without security?”
“If you (state government) wanted to have election on time, then you should have taken steps earlier. This is dilly-dallying.” ~ Supreme Court
Statesman News Service
New Delhi/Kolkata, 2 July
The Supreme Court today rejected the state government’s plea to modify its order on 28 June directing a five-phase panchayat poll beginning on 11 July.
In a stinging rebuff to the state government’s constantly shifting position on holding the crucial rural poll, the Division Bench of Justices A K Patnaik and Ranjan Gogoi asked the government and the NGOs that filed similar petitions whether the Constitution should be violated.
“Judges have to go according to Constitution,” the court said and pulled up the state government for “dilly-dallying” on the issue.
The apex court directed the Bengal government to issue a notification for the poll as per its earlier order.
Turning down the plea of the state government and NGOs seeking to reschedule the dates to have the election process before or after the period of Ramzan, likely to start on 10 July and end on 9 August, the Division Bench said the court could not reschedule the elections owing to constitutional mandate and unavailability of Central security forces before 11 July.
The apex court dismissed the plea that holding of the polls in the month of Ramzan could adversely affect the participation of one-third of the state’s  population ~ Muslims.
It said all these options had already been considered before passing of the court&’s 28 June order with regard to holding of panchayat polls in West Bengal.
The Bench had on 28 June fixed the dates of poll in West Bengal for 11, 15, 19, 22 and 25 July.
It said it respected the sentiments of the Muslim community, but insisted the Constitutional provision for holding the election before tenure of Panchayat was over couldn’t be bypassed.
The apex court noted that dates couldn’t be advanced at this stage as the Centre had expressed its inability to provided force before 10 July.
 “We cannot modify the schedule of election. The state government shall issue notification pursuant to our order,” the Bench said.  
The apex court refused to accept the state government’s plea that it could provide 50,000 security personnel while it had earlier stated it could arrange for 35,000 armed personnel for each phase.
As per the court’s earlier direction, the balance of the personnel would be met by Central forces.
Chief minister Mamata Banerjee said : “I am happy with the apex court directive. I respect all religions and abide by the Constitution.”
The state panchayat department issued in the evening a fresh notification announcing the five-phase poll and sent it to the SEC. The commission will issue its matching notification tomorrow.