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Buddhadeb Ghosh
The Institute of Social Sciences was founded in 1985 to study contemporary social, political and economic issues and problems in an inter-disciplinary perspective and to make available its findings and recommendations to government bodies, social scientists, policy makers, peoples and workers organizations, so as to widen their options for action. The evolution of an informed and action-oriented public opinion is the primary aim of the Institute. The research projects undertaken by the Institute cover a wide range of subjects in the areas of local governance, womens studies, environment and contemporary economic and political issues. The Institute also organizes seminars, workshops, discussions and training programmes for the exchange of ideas and dissemination of its research findings. The major research thrust of the Institute is in the areas of Local Governance (Panchayati Raj) and International Affairs. The Institute seeks to build a community of concerned scholars and activists for ushering in a humane and just society. Chairman Dr. George Mathew Director Dr. Ash Narain Roy
Buddhadeb Ghosh
First Published: 2014 Layout & Design: Joshy Jose Institute of Social Sciences 8 Nelson Mandela Road New Delhi - 110 070 India
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Contents
Page No
Introduction Conflict between State Election Commission and State Government Judiciary Intervenes Violence casts its shadow on the elections Rise of Trinamul Congress: An Analysis Conclusion Appendix A Appendix B1 Appendix B2 Appendix B3 1 4 25 38 49 58 63 70 71 72
FOREWORD
he present study is the latest in the series on Panchayati Raj by the Institute of Social Sciences, which has been conducting periodic research and analytical studies on the subject for the last 29 years. Elections to local self governments are the base of the democratic system in India. When the elections are held in a free and fair manner, these ensure that for the next five years the local governments can function democratically with constitutional legitimacy. Therefore, elections to the panchayats and municipalities must be held regularly and conducted according to the norms evolved over the years. The constitutional status to the panchayats ensured this. The State Election Commissions (SECs) were set up for every state under Articles 243K and 243ZA of the Constitution for conducting elections to the panchayats and municipalities. The powers of such Commissions in respect of conducting elections are no less than that of the Election Commission of India (ECI) in their respective domains. Despite this, the state governments often trample upon the jurisdictions of the SECs and tend to keep them as weak bodies or show reluctance in extending cooperation to these constitutional institutions. The syndrome of undermining the position of the SEC and denying its pivotal role in conducting the local body elections by the state government was visible in a very blatant form in the West Bengals panchayat elections of 2013. The conflict between the state government and a constitutional body raised not only serious doubts about the fairness of the 2013 panchayat elections in the state, but was also to a great extent responsible for the breakdown of law and order in many places during the elections. One of the panchayat election studies the Institute conducted was in Punjab in 2008. Prof. Partha Nath Mukherji, who conducted the study, critically reviewed the role of State Elections Commissions. He observed: The paramount role of the State
Election Commissions is of critical importance in safeguarding democracy. Along with the three institutional pillars of Indian democracy the legislature, the executive and the judiciary the Election Commission of India along with the State Election Commissions constitute the fourth pillar. The Election Commission of India is fully empowered to play its role without fear or favour of the party(ies) running the national government. It may be recalled that ECI before Mr. Seshan took charge as Commissioner, generally could not avoid being used as a tool of the government-in-power. The Election Commissions at the State level are mostly in their pre-Seshan stage and have to be equally empowered to play their legitimate roles vis--vis the State governments. The State Election Commissions in both West Bengal and Punjab have yet to acquire the status of an autonomous, powerful constitutional instrument undeterred by the power of the ruling party. It is in this context the study on the conduct of West Bengal Panchayat Elections 2013 was taken up by the Institute of Social Sciences. I thank Shri Buddhadeb Ghosh, Senior Fellow of the Institute, for conducting the study and completing it in a short time. I also extend my thanks to Ms. Joya Roy for editing the report. I am confident that the insights which this report provides and the areas of concerns raised in understanding the process of panchayat elections in West Bengal 2013 will be of great value for further research. The study will go a long way in formulating new guidelines for holding panchayat elections in a free, fair and non-violent manner on time in other States also. George Mathew Chairman Institute of Social Sciences
17 January 2014
INTRODUCTION
est Bengals panchayats were revived in 1978 when elections were held under a new Panchayat Act (West Bengal Panchayat Act 1973) establishing for the first time in the state three-tier panchayat system1. The first elections under this Act were held in May 1978. Thereafter, 6 more panchayat elections were held at regular intervals of 5 years. The 7th panchayat general elections were held in 2008. The 8th general elections to panchayats were due in the month of May 2013. They were finally held in July 2013. In many ways this panchayat election was different from those held earlier. First, this was the first time since the early 1980s that elections to the panchayats could not be held in due time, leading to the creation of a constitutional vacuum for a few months, as the term of the elected representatives who had been running the panchayati raj institutions since 2008 expired in the month of June or early July and the newly elected panchayats could not begin functioning before September 2013 after completion of the elections of chairpersons. Secondly, this was for the first time that the elections have been preceded and accompanied by a long drawn out conflict between the State Election Commission (SEC) and the State government over several issues culminating in a legal battle. The nature and the issues of this conflict including the response
1
West Bengals Panchayati Raj system consists of 3,349 Gram Panchayats at village level, 341 Panchayat Samitis at block level, 17 Zilla Parishads in the districts. There is also a Mahakuma Parishad having the powers of a Zilla Parishad for Siliguri sub-division of Darjeeling district, as other areas of the district are covered by the Gorkha Territorial Administration.
of the judiciary to the issues raised by the two contestants need to be recorded and analysed carefully, as they have relevance not only for West Bengal but also for other states. Thirdly, from the time of their re-birth in 1978, West Bengals panchayats have grown under the strong influence of the regime of the Left Front in the state. The outgoing panchayats were also elected during that regime, even though around 50% or so of gram panchayats belonged to the non-Left parties. This was the first election that was being conducted under the regime of a non-Left party at the state level. Fourthly, this is the first time that reservation quotas in the panchayats have been raised substantially with the inclusion of OBCs in reserved seats and raising of womens quota from onethird to 50%. Last, but not least, this election witnessed unprecedented incidence of violence in various forms criminal intimidation, arson, physical assault, abduction and even murder at all stages of the elections, namely, the nomination phase, campaign phase, polling phase, counting phase and at the time of election of chairpersons of panchayats. In general West Bengals panchayat elections have some unique characteristics. First, elections to all the three tiers are fought here on party basis, with candidates contesting elections with party symbols. Second, it is one of those rare states where elections to the local bodies have been held regularly from 1978. So, much before holding of such elections had been made mandatory by the Constitution, the state on its own was holding elections regularly. So far only two studies have been conducted to analyse previous panchayat elections of the state: one by the National Institute of Rural Development (NIRD0 and the other by the Institute of Social Sciences (ISS). The NIRD study2 focused on the first elections held in 1978 and the ISS study3 on the 4th elections held in 1993.
2 M. Shivaiah, K.B. Srivastava and A.C. Jena, Panchayati Raj Elections in West Bengal, 1978, NIRD, Hyderabad, 1980. 3 Girish Kumar and Buddhadeb Ghosh, West Bengal Panchayat Elections 1993: A Study in Participation, Institute of Social Sciences and Concept Publishing Company, New Delhi, 1996.
Objectives of the present study The present study focuses on the following aspects of the panchayat elections of West Bengal, 2013.