72 hour ban on political entry to Cooch Behar, plus 'silent period' ahead of Phase 5 polls

With poll related violence claiming five lives in Cooch Behar district's Sitalkuchi assembly constituency in West Bengal during the fourth phase of polling and the atmosphere surcharged, the poll panel has barred – with immediate effect- all political leaders from entering the district for next 72 hours.

There are nine assembly constituencies in the Cooch Behar district which will be out of bounds for all political leaders for next 72 hours- a move made keeping law and order concerns in mind.

Invoking its plenary powers under Article 324 of the Constitution of India, the poll panel has said that “no political leader from any national, state or other party should be allowed to enter the geographical boundaries of the district (Coochbehar) for the next 72 hours’.

It has further said that the ‘silence period’ for Phase V polls (April 17) will be extended from the current 48 hours to 72 hours “to ensure the conduct of free, fair and peaceful elections’.

As per Section 126 of the Representation of People’s Act, 1951, there is a 48 hour before poll restriction on canvassing and campaigning.

Several political leaders including Chief Minister Mamata Banerjee had talked of plans to visit the bereaved families in the area.

The EC has, however, pointed out that since the last rites of the deceased are not yet completed, political visits even to condole have ‘the portent to cause a law and order problem of major proportions’ in the area.

It has further noted that since the firing happened in a confrontation with the central forces deployed in the area, the chances of the personnel becoming a ‘butt of further grave provocation by groups of people cannot also be ruled out’.

The poll panel has also asked its Observers and the CEO to keep it posted real time of the developments in the district for the next 72 hours.

It has also asked the state Chief Secretary, Director General of Police, District Magistrate and SP of Cooch Behar to ensure ‘strict compliance’ of EC directions ‘in letter and spirit’.

Four people were killed when Central Industrial Security Force (CISF) personnel opened fire in “self-defence” in Sitalkuchi’s booth 126, allegedly after coming under attack from locals who “attempted to snatch their rifles”.

ET gathers that reports received by the ECI from the District Magistrate, Superintendent of Police, EC Special Observer as well as the state Chief Electoral Officer- have all submitted that a rumour led to frayed tempers among 300 to 400 villagers who attempted to enter the polling station and snatch the firearms of CISF personnel leading to the open fire which caused four deaths.

The poll panel, however, is also looking at the incident in the context of Chief Minister Mamata Banerjee’s as well as the Trinamool Congress’ comments ‘berating and vilifying’ the Central armed police forces (CAPF) and instigating the public to ‘gherao’ and counter them. A notice has already been served to Banerjee on the same on Friday.

The 72 hour ‘silence period’ against the 48 hour norm- means that no political party will campaign for 72 hours before the date of poll, seems to have come in the context of comments made against the CAPF.

The ECI notice to Banerjee on the subject had said that such ‘intemperate’ statements can create distrust and have ‘serious consequential damage’.

“Ms Banerjee is perhaps not realizing that this kind of statements can create a wedge of distrust between state police of West Bengal, who are also doing their own duty with the central forces, instead of complementing each other. In fact, Ms Banerjee is sparing no efforts to ensure that a deep wedge is created among them which is bound to have serious consequential damage even after the process of election is over”, the ECI has said in its notice to Banerjee on April 9.

The 72 hour spread has been brought in by invoking the ECI’s powers under Article 324. A similar 72 hour restriction on canvassing and campaigning was done earlier also in West Bengal in during parliamentary elections, EC sources said.