Fully within rights to transfer officials during polls: EC tells Mamata
New Delhi: The Election Commission has rejected allegations of West Bengal Chief Minister Mamata Banerjee that it ordered transfer of four police officers at the behest of the ruling BJP at the Centre, saying the decision was based on "cumulative feedback" from one of its top officials and the special police observer.
The Commission also told Banerjee that as per election law, it is "fully within its rights" to transfer and appoint officers during model code.
It said it won't respond to the averment to prove its image.
Banerjee had on Saturday written to the EC alleging that the poll panel was working at the behest of the BJP.
Responding to Banerjee's letter, the poll panel said Saturday that "It is the ECI and the governments of states/UTs who are jointly responsible to electors of the largest democracy and are bound to act strictly in the letter and spirit of the respective roles set forth by the founding fathers of the Constitution."
The letter, written by one of the deputy election commissioners, and addressed to Banerjee, referred to Section 28A of the Representation of the People Act to drive home the point that EC can transfer and post them during the poll code period.
It said the Kerala High court has also approved of the provision in one of its judgements.
"It is unfortunate that an exercise carried out by ECI only for the duration of the Model Code of Conduct is being labelled as arbitrary, motivated at the behest of ruling party at the Centre. It would not be correct and dignified to respond to such averments to prove/burnish its credentials," the letter read.
The Commission pointed out that the transfer of four police officials was "based on the cumulative feedback from the DEC (deputy election commissioner) who oversees electoral process in West Bengal and Special Police Observer".
It said even the officers who have been posted in their place are of similar seniority and being from West Bengal cadre are expected to know about field situation in the state.
"It is understood that the Government of West Bengal has already operationalised the decision of ECI in respect of transfers. This action of the Government of West Bengal amply demonstrates the willingness of the state administration to conduct free, fair, credible and ethical elections in West Bengal and ECI is appreciative of this irrespective of the factually incorrect innuendoes ...," the letter read.
It said, after several rounds of review, including the one in mid-March, EC appointed a Special Police Observer for West Bengal.
Similarly, such observers were appointed for Jharkhand, Mizoram, Tripura, Arunachal Pradesh and Telangana.
"Thus, it is not as if any particular state was being singled out. Special Expenditure Observers have also been appointed for Arunachal Pradesh, Nagaland, Andhra Pradesh and Telangana, Tamil Nadu and Karnataka, Gujarat and Maharashtra," it said.
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EC role, Hindu vote consolidation among factors for BJP win in Bengal polls: J-K CM Omar
Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Tuesday attributed the BJP's West Bengal win to a "significant role" played by the Election Commission (EC), alongside a consolidation of Hindu votes and a fractured minority mandate.
Abdullah also said the INDIA bloc needs to define its role in the political landscape of the country and make it clear whether the opposition alliance was limited to the parliamentary elections or extended to the state elections as well.
Talking to PTI Videos, Abdullah hinted that the EC has compromised its neutrality by conducting the Special Intensive Revision (SIR) in West Bengal and linked it to the BJP's gains in the state, claiming large-scale deletion of legitimate voters.
On the performance of the BJP in the just concluded assembly elections, Abdullah said the saffron party has almost nothing to show in southern states.
"So then you look at West Bengal and Assam. Yes, the BJP improved its tally in Assam. There are various reasons for that. You know as well as I do, what those are. West Bengal, I think we need to look at the results very carefully," he said.
"The easiest explanation for the West Bengal result is the serious curtailing of voter list," Abdullah said.
"Voters found their names deleted. People who served in uniform and fought for this country on the borders, who were considered Indian citizens all their lives, were suddenly held to a higher standard and not allowed to vote. Something is not right," he said.
While alleging that the EC played a "significant part" in the results, the chief minister admitted the outcome was multifaceted and noted a consolidation of over 60 per cent of the Hindu vote towards the BJP and a "significant fracture" in the minority vote, particularly in seats where Muslims constitute over 50 per cent of the population.
"There is no doubt that the role of the Election Commission played a significant part in the results but we will also have to look at the other factors," he said.
He said the results of West Bengal cannot be compared to those in other states. "The situation was unique to West Bengal. The SIR that was done, the way in which the voter lists were changed, the sort of minute scrutiny that the Election Commission subjected West Bengal to, the role of the central investigative agencies.
"All of these are situations that at least in recent electoral history of India are unique to West Bengal. So to suggest that we can learn lessons from West Bengal and implement them in other parts of the country, I think would not be correct," he said.
Abdullah had recently said that if the West Bengal results throw a surprise, the role of EC will come under scrutiny.
However, during Tuesday's interview, the chief minister said he still maintains that electronic voting machines (EVMs) do not lead to vote theft.
"What we saw in West Bengal...I know there are a lot of people who believe that the EVMs themselves are flawed. I am not a proponent of that conspiracy theory.
"But I do believe that the Election Commission has done itself no favours in the way in which it has gone about both the process of delimitation and the process of finalisation of electoral rolls," he said and cited the example of delimitation exercise in Jammu and Kashmir or Assam.
"These are clear examples of how the process was done to benefit one party or in the case of Jammu and Kashmir, one party and its allies. And the results speak for themselves. You created seven new seats in Jammu and Kashmir and out of those six seats were won by the BJP. You redrew assembly constituencies to benefit one particular party or its allies. And the same is true for West Bengal as well," he said.
Referring to the INIDA bloc, he said the election results were no new message for the alliance.
"We need to decide what the INDIA bloc is for. Is it only for Parliament or for state elections as well?" he asked.
"What happened in West Bengal is unfortunate. The Congress and TMC fought against each other. Now the Congress agrees with Mamata Banerjee that 100 seats were stolen, but the fact is they fought each other," he said.
Despite the friction, Abdullah reaffirmed the "pre-eminent position" of the Congress within the opposition alliance, dismissing the idea of any other party assuming the mantle.
"The Congress is the only party other than the BJP with a pan-India presence. All of us acknowledge this," he stated.
"To suggest someone else can assume a leadership role would be incorrect. Kharge Sahib is the president of the Congress, and by virtue of that, he assumes leadership of the INDIA bloc meetings. That is the way it should be," the chief minister said.
Abdullah said any 'Common Minimum Programme' would depend on whether the opposition alliance decides to fight state assembly elections collectively, noting that he would share his specific views with the bloc internally rather than through the media.
