A Public Interest Litigation (PIL) has been filed in the Indian Supreme Court challenging the appointment of Ajay Pal Sharma, an Indian Police Service (IPS) officer from Uttar Pradesh, as election observer in the ongoing West Bengal elections, alleging intimidation and partisan behavior against the All India Trinamool Congress (AITC) candidate that undermined level playing field.
The petition, filed by Aditya Das, a voter from West Bengal, on Tuesday said that on assuming the post of Election Controller of South 24 Parganas, Sharma intimidated and threatened AITC candidate Jehangir Khan from Valta constituency and his family members, and is seeking urgent orders to replace Sharma even as the second phase of voting in the state is completed on Wednesday.
On Monday, a video purportedly showing Sharma, posted as an election observer in West Bengal, threatening Khan and his family, went viral on social media. Khan responded to the threat by referring to Telugu action film “Pushpa” and Bollywood film “Singham”, and said he would not allow police officers “appointed by the BJP” to threaten voters.
“Sharma has engaged in acts of intimidation, undue influence and partisan behaviour, including threats against political candidates, thereby corrupting the electoral environment,” the petition said. She questioned the purpose of his appointment as an observer currently serving in Uttar Pradesh and known as an “encounter specialist” popularly called the “Singham of UP”.
“There is no provision in law that allows a Superintendent of Police to visit the residence of a candidate, in the absence of any complaint or FIR, and publicly intimidate or threaten the candidate or his family members, especially while the Model Code of Conduct (MCC) remains in effect,” the petition said.
The petitioner’s lawyers made several attempts to get an order listing the matter on an urgent basis, people familiar with the matter said. The Registrar of the Supreme Court, which deals with requests for urgent listing of cases, was also contacted, but no listing order was issued by the Chief Justice of India.
Das had approached the Calcutta High Court on Tuesday, which refused to entertain the petition while the election process was underway.
The petition said that under Section 20B of the Representation of the People Act (ROPA) 1951, the Election Commission can nominate an observer to “monitor the conduct of the elections” and perform the duties assigned to it. “The observer is viewed as an impartial institutional safeguard, and his presence is intended to enhance public confidence in the integrity of elections. However, in the present case, the conduct of respondent No. 4 (Sharma) constitutes a blatant violation of the functions of the observer,” the petition filed through advocate Sanchit Garga said.
Sharma took charge on April 25, soon after the first phase of polling ended on April 23. “The appointment of respondent No. 4 was not made in the public interest and is certainly not a step taken by the Election Commission of India to ensure free and fair elections,” the petition added.
Das said the Election Commission of India’s actions in appointing Sharma and the latter’s subsequent conduct were “manifestly arbitrary, mala fide and discriminatory”, which led to “distortion of equality of opportunity during the electoral process”. It further stated that the conduct of the observer was completely inconsistent with the role assigned to him under the Representation of the People Act (ROPA); Instead of instilling public confidence, it corrupts the electoral environment and undermines the rule of law.
