Kolkata, November 23rd : .Governor Jagdeep Dhankhar met with Sourav Das, the State Election Commissioner.
However their discussions on civic elections remained unconcluded on Tuesday.To protest the decision of the SEC to vote for Kolkata Municipal Corporation and Howrah Municipal Corporation, the governor asked that all municipalities hold their polls.The other municipalities were then followed.These elections to the two corporations seem now in peril. The governor met with Das for an hour and then tweeted that he was cautioning Shri Saurav Das about SECA@MamataOfficial following the line of State Government.He would be only its execution agency.
This is an outrage against the Constitution, which is also harmful to democratic processes.The governor will not follow the consensus of the opposition to hold the elections in all municipalities.
Officials from the state electoral commission immediately confirmed that they would not notify Tuesday’s election, making it impossible for both the commission and state government to hold the elections on December 19.A senior official from the commission stated that the commissioner cannot notify the polls without the approval of the governor.If they fail to reach an agreement before Thursday, it would make it difficult for the commission and the state government to hold the election on December 19.
This official was making reference to Article 243K, which clearly states: “The governor of a state shall, upon so being requested by the State Election Commission make available to State Election Commission such personnel as may be required for the discharged of the functions conferred to the State Election Commission.”
Das was immediately emailed by the governor a note referring to Article 243ZA.Das already referred to it in Article 243K.The Constitution categorically grants the SEC the supervision, direction, control and superintendence of all election preparations to the Municipalities .”This constitutional mandate to the SEC cannot in any way be diluted or qualified by any law of the State, as Article 243ZA (2).Such law must be subject to the Constitution,” the letter stated.
The governor took a firm stance against the State and wrote, “As previously indicated, there were many inputs to me indicating the State Election Commission(SEC) abdicating their constitutional mandate, authority is toeing to the line of State Government, effectively executing the State Government’s directions in the matter holding the upcoming elections for municipalities in the State.”
The governor stated that the new constitutional mandate was to ensure that the SEC has sole control over the direction, supervision, and control of all election preparations and conduct.It is expected to be independent from the government.
“Further it is an unproven legal principle that the provisions of an act cannot be overridden by the Constitution’s stipulations.It is inviolable that constitutional prescription has the supremacy.”I am certain you will note the issues that I raised during our interaction, as well as the settled legal positions,” wrote the governor.
The Constitution would also be unsound for democracy if the SEC was to follow the State Government’s lead and act as its execution agency.
He said that it would reduce the spirit and essence of Part IXA’s constitutional provisions.
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