Govt to appeal against verdict

PRANESH SARKAR

Calcutta, May 10: The government today announced it would move a division bench of Calcutta High Court on Monday seeking a stay on Justice Biswanath Somadder's verdict asking the administration to fulfil the requirements of the state election commission on the panchayat polls. Panchayat minister Subrata Mukherjee said: "The order issued by Calcutta High Court is unrealistic. This will encourage people who don't want polls now. We will challenge the order in a division bench on Monday." Mukherjee made the announcement after a meeting with law minister Chandrima Bhattacharya and panchayat secretary Saurav Das at Writers' this afternoon. Senior officials said since the government had decided to appeal against the verdict, it would not take the initiative to "satisfy" the poll panel tomorrow on its requirements, as directed by the court. "As the state has decided to challenge the order, there is no question of taking steps to satisfy the state election commission. We will inform the division bench on Monday why we could not satisfy the state election commission. We will also seek a stay order," said a senior bureaucrat at Writers'. The government has apparently found "loopholes" in today's court order. The state is planning to use the "loopholes" to challenge the order. "The court has asked us to inform the poll panel by tomorrow that we will be able to arrange for central forces. But it will not be possible for us to do so as this requires a series of communications between the Centre and the state government," minister Mukherjee said. The state will also tell the division bench that until the poll dates are announced, it will not be possible to apply for central forces. "For which date shall we seek the forces? It is not possible to ensure that central forces will be available until the poll dates are announced," Mukherjee said, adding the government still had reservations on deploying such forces during the rural polls. The government will also tell the court tomorrow that it is not possible for the state to prepare the list of observers overnight. "The high court has asked us to submit to the commission a list of 400 observers by tomorrow. It is not possible for the state personnel and administrative department to prepare the list as tomorrow is a government holiday," Mukherjee said. Despite the state's decision to move a division bench, a section of bureaucrats feels that the government may not get the relief it is seeking. "The court will weigh the merits of the case before giving a stay on the single bench's order," an official said. "In this case, chances of the order being overturned are remote as the panel's case is rock solid." The official added the division bench might weigh the possibility of the government questioning the authority of the commission to seek central forces and finalising the phases in case it gave a stay. The official said if the division bench upheld the verdict, the state could approach the Supreme Court. http://www.telegraphindia.com/1130511/jsp/bengal/story_16885327.jsp