Preparations for the proposed Kolkata and Howrah municipal elections have run into an electronic voting machine shortage, prompting the West Bengal State Election Commission to approach the Calcutta High Court for permission to use machines kept aside under earlier court orders.
The commission is preparing for the possibility of holding the Kolkata Municipal Corporation election by the end of the year, with an election in Howrah also expected to take place. Elections to other municipalities are expected to follow in phases. However, the commission has told the court that it does not currently have enough EVMs to conduct the polls.
According to the report, a number of EVMs have been kept with district magistrates in accordance with directions issued in earlier cases. The machines cannot be used without the court’s approval. The cases relate to public interest litigation filed in the past over alleged irregularities in municipal and panchayat elections in West Bengal.
The matter was heard on Tuesday by a division bench led by Chief Justice Rabindranath V. Ghuge. The court sought the views of the petitioners in the earlier cases before deciding how the machines could be dealt with. Many of those proceedings, filed mainly by the Left and the Bharatiya Janata Party, have not yet been concluded.
The proceedings also raised a question about the continuing status of those earlier petitions. Sabyasachi Chattopadhyay, appearing for petitioners associated with the Left, questioned what should happen to public interest cases filed by the BJP in the past, now that the party is in power in the state, according to the report.
Representing the State Election Commission, advocate Saptangshu Basu argued that the earlier public interest cases no longer had any relevance. The commission’s position is that the EVMs held under those proceedings are required for the upcoming municipal elections, but their release or use remains subject to judicial approval.
The Chief Justice told the petitioners that the court could take a decision on the EVM issue if they withdrew their cases. Chattopadhyay sought time to communicate the petitioners’ position. The court granted the request and scheduled the next hearing for Monday.
The immediate question before the court is therefore whether the EVMs reserved under the earlier cases can be made available to the election authorities. The court’s decision will determine whether the commission can use those machines while continuing preparations for the proposed municipal polls.
