SIR, other issues: Governor steps in as Bengal govt, EC head for showdown

A deadline has been set for a potential showdown between the Election Commission (EC) and the West Bengal government over key administrative decisions, even as Governor C V Ananda Bose stepped in, calling for a consensus.

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The conflict centres on the state’s defiance of the Special Intensive Revision (SIR), its refusal to act against officials flagged by the EC, and the Commission’s rejection of the names proposed by the state for vacancies in chief electoral officer’s office.

August 11 deadline

In a clear escalation of the tussle, the EC set a deadline of 3 pm on Monday (August 11) for the state government to suspend officials accused of inserting fictitious voters into the rolls and compromising data security.

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“No compliance report, indicating specific action taken against the officers, has been received by the commission so far. The commission has directed that necessary action against the officers shall be taken immediately and a compliance report be furnished to the commission, latest by 3 pm on August 11,” said an EC communique to the chief secretary Manoj Pant on Friday.

EC orders suspension of EROs, AEROs

The EC ordered suspension of two electoral registration officers (EROs) and two assistant electoral registration officers (AEROs). The poll panel also directed the chief secretary to lodge FIRs against the erring officials and a casual data entry operator.

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The state government is in no mood to comply with the order and is actively exploring ways to avert it, according to sources within the administration.

Bengal Chief Minister Mamata Banerjee had earlier made it clear that action would not be taken against the officials.

Those privy to the development, however, argue that the state government has limited authority to protect its officials involved in the preparation, revision, and correction of electoral rolls, as well as the conduct of elections, since they are considered to be on deputation to the EC. Under Section 13CC of the Representation of the People Act, 1950, such officials are placed under the control, superintendence, and discipline of the EC, they pointed out.

Show-cause notice to chief secretary

For non-compliance, the EC can issue a show-cause notice to the chief secretary or can even move the court against the state government.

Protecting its personnel on deputation to the poll panel is widely seen as a political compulsion for the ruling Trinamool Congress (TMC), which believes the EC is attempting to create a climate of fear among state officials to ensure compliance.

Government officers are being threatened, the chief minister recently alleged, in response to the EC’s directive seeking action against the officials. “We will not let the suspension happen… Do not be afraid,” she said in what is seen as a message of reassurance to the officials in general.

What TMC said

The EC’s recommendation could be a ploy to terrorise ground-level administrative officials, alleged TMC spokesperson Debangshu Bhattacharya.

The tussle is expected to intensify in the days to come as the EC is pushing ahead with its SIR plan even as the state government continues to oppose it.

The state government has already taken serious exception to a report purportedly submitted by CEO Manoj Agarwal to the EC, in which he reportedly said that the state is ready for the SIR.

State Home Secretary Nandini Chakraborty sought a clarification from the CEO on the matter pointing out that the state government was neither consulted nor notified, sources said.

SIR to be rolled out soon

A notification regarding the rollout of the SIR in the state will be issued soon, and preparatory work has already begun, according to sources in the CEO's office.

To defuse a potential confrontation on the issue, the governor reportedly urged the two sides to reconcile the differences to arrive at a consensus for fair elections. It will be interesting to see whether the governor himself takes on a mediating role to help evolve this consensus.

Another emerging flashpoint is the filling of the crucial vacancies in the CEO’s office. The EC turned down the names the chief secretary proposed for the vacant posts of deputy CEO, assistant CEO and the joint CEO.

The state government sent names of nine West Bengal Civil Service (WBCS) rank officials for the said posts. None of the names has been approved by the EC on the grounds that none of them have any experience of election related duties.

The vacancies need to be filled immediately as the state will go to Assembly elections in less than a year.

It remains to be seen how far the confrontation between the state and the commission will go.