Kolkata, March 28 – The Election Commission of India (ECI) is set to adopt a stricter approach to ordering re-elections in the upcoming West Bengal Assembly elections, with officials indicating that re-elections may now be ordered more promptly in cases of voter intimidation or obstruction of voting.
An official familiar with the development said that until now, re-elections were conducted only in "exceptional" cases, but the Commission is now inclined to act more swiftly based on complaints and field reports.
"Earlier, re-elections were held in exceptional cases. Now they will be ordered on an urgent basis, depending on reports of voter intimidation and any attempt to vitiate the electoral process," an official said.
It may be noted that the Representation of the People Act, 1951, provides provisions for re-elections in specific circumstances. The law allows re-elections to be conducted at particular booths or polling stations, with the final decision resting with the Commission based on ground reports.
In previous elections, political parties had frequently alleged intimidation, booth capturing, and obstruction of voting at several polling stations across the state. However, re-elections were not ordered in a large number of such cases, as decisions were largely based on reports submitted by presiding officers.
This time, the Commission is expected to take more immediate and proactive decisions. Officials indicated that strict action could be initiated if there is any serious breakdown of law and order during polling.
According to the Commission, in cases of booth capturing under Section 58A of the Representation of the People Act, votes in the affected booths will be cancelled and re-elections ordered.
Similarly, if voters are prevented from casting their votes, polling in the concerned booths will be cancelled. Under Section 135A of the Act, re-elections may also be ordered in cases involving forcible capture of booths, obstruction of voting, or blocking access to polling stations.
Officials added that voters who are unable to reach polling stations due to threats can lodge complaints with the Commission or designated observers, even remotely. In such cases, appropriate action, including ordering re-elections, may be taken.
The Commission also stated that the police are empowered to make arrests without a warrant in cases involving threats, unrest, or obstruction of voters.
