SC takes charge of panchayat case  Friday hearing as clock ticks

OUR BUREAU http://www.telegraphindia.com/1130627/jsp/frontpage/story_17053760.jsp#.UcxTrDuBloI

June 26: The Supreme Court today said it would handle the panchayat poll case, capping a dramatic day during which the state election commission moved the apex court with the plea that Calcutta High Court had "failed to grant urgent relief". The apex court will take up the matter on Friday, four days before the scheduled start of the panchyat polls in Bengal on July 2. Tonight, state election commissioner Mira Pande said in Calcutta: "We think the elections will take place. There could be a rearrangement of dates, but the elections will take place." The commission moved the Supreme Court when the high court was hearing the submissions of the poll panel and the Bengal government on security forces for the polls. The poll panel sought before the Supreme Court "suspension of the election for the time being" until adequate forces are deployed. The state government is short of nearly 90,000 security personnel in the first leg under the current three-phase plan. The top court did not take a decision on the plea to suspend the polls but sought the response of the Bengal government and the Union home ministry on Friday. The bench of Justice A.K. Patnaik and Justice Ranjan Gogoi asked the state and the Centre to apprise the court on how the requirement of security forces would be met. When the Bengal government's counsel, Amarendra Saran, pointed out that Calcutta High Court was already hearing the matter, Justice Patnaik asked: "Do you want the elections or not? If you really want the elections, then allow us to handle the issue and not the high court." The apex court bench, Justice Patnaik said, was well aware of the situation in Bengal. "You claim to know so many things but you do not know how many things we additionally know. You should now better leave it to our judgement. We will require your response on Friday," Justice Patnaik said. Saran said the Bengal government wanted the elections at any cost but it was the state election commission "which does not seem interested". Meenakshi Arora, senior counsel for the poll panel, said the commission only wanted adequate forces. "We want adequate forces to hold free and fair elections. First give us forces, only then we can sort out the matter," she said. The matter, which was mentioned as urgent in the morning, came up for hearing after lunch at 2pm. Arora said the state government had failed to keep its assurance on providing adequate security forces. In its petition, the commission said: "Despite the urgency of the situation and breach of constitutional provisions, the high court has adjourned the proceedings and failed to grant urgent relief. In the circumstances, at this stage, the suspension of the elections will be the only option till the requisition and supply of adequate security is complied with by the state." Earlier in the day, the high court had offered a fresh proposal to resolve the shortage of forces. The court suggested that polls in North 24-Parganas or Burdwan, two of the largest south Bengal districts, be shifted from July 4 to July 6, and polls in Malda shifted from July 6 to July 9. The logic was that fewer forces can then police the July 4 phase, which now requires the largest number, while the July 9 phase needs the lowest number of forces. The matter was adjourned till afternoon by the high court when the commission said it had moved the top court. The state's legal team, according to government sources, would challenge the "maintainability" of the case in the apex court. But a senior advocate not associated with the case said it was not mandatory to take the permission of a judge for moving the Supreme Court while the hearing is still on in a high court. "It is a courtesy but not mandatory," said advocate Supradip Roy. http://www.telegraphindia.com/1130627/jsp/frontpage/story_17053760.jsp#.UcxTrDuBloI