‘State Can’t Command EC’: BJP’s Abhijit Das Bobby Files Complaint Against Mamata Banerjee’s Remarks

BJP Leader Abhijit accuses Mamata Banerjee of undermining the Election Commission’s authority with remarks to BLOs, urging the ECI to take suo motu action for violating constitutional and legal provisions.

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Kolkata: BJP leader Abhijit Das Bobby has formally approached the Election Commission of India (ECI), seeking action against West Bengal Chief Minister Mamata Banerjee over her recent remarks concerning the Commission’s training of Booth Level Officers (BLOs).

The complaint, submitted on Monday, accuses the Chief Minister of making constitutionally questionable statements that allegedly infringe upon the Election Commission’s authority.

The controversy arises from Banerjee’s comments during an administrative review meeting held on July 28 at the Gitanjali Theatre in Bolpur, Birbhum district. The event was attended by top district officials, including senior bureaucrats.

In her address, Banerjee reportedly objected to the Commission’s recent decision to send around 1,000 BLOs from West Bengal to Delhi for training without prior intimation to the state government.

“They took around one thousand people from West Bengal to Delhi for training, and I had no idea about it,” she said, questioning why neither the District Magistrates nor the Chief Secretary had informed her. She further reminded the officers, “Before and after elections, you are employees of the state government,” and instructed them not to harass citizens during the voter verification process.

BJP Terms Remarks as Constitutional Breach

Abhijit Das Bobby has alleged that the Chief Minister’s remarks constitute an undue assertion of executive authority over officials temporarily under the jurisdiction of the ECI. In his letter to the Commission, he argued that such statements could create confusion among field-level staff currently involved in the Special Intensive Revision (SIR) of electoral rolls.

The complaint contends that Banerjee’s comments may have undermined the Election Commission’s constitutional mandate under Article 324, which entrusts the body with exclusive responsibility for overseeing and conducting elections in India.

Additionally, the complaint invokes several statutory provisions, including:

  • Section 13CC of the Representation of the People Act, 1950, which clarifies that once an officer is requisitioned for election work, they report solely to the ECI.
  • Section 129(2) of the Representation of the People Act, 1951, which provides for penalties against any interference in the functioning of election staff.

Citing Judicial Precedents

The BJP leader also cited key judgments from the Supreme Court to reinforce the argument that the Commission’s authority supersedes executive control once election duties commence.

Among the precedents referenced were:

  • T.N. Seshan v. Union of India (1995), which reaffirmed the ECI’s independence and wide-ranging powers.
  • Mohinder Singh Gill v. Chief Election Commissioner (1978), where the apex court upheld the Commission’s primacy in managing electoral processes without external interference.

The complaint argues that Banerjee’s public remarks could compromise the neutrality expected from officers tasked with maintaining electoral integrity and may even amount to influencing the electoral roll revision process.

Action Demanded from ECI

In his representation, Das Bobby urged the Election Commission to:

  1. Take suo motu cognisance of the Chief Minister’s statements.
  2. Issue a formal censure or warning to Mamata Banerjee for publicly undermining the ECI’s autonomy.
  3. Circulate a clarificatory directive to all electoral staff in West Bengal, reminding them of their constitutional responsibility to act independently while under the Commission’s requisition.

The complaint also suggests that if a prima facie case of interference is established, the Commission should initiate proceedings under Section 129(2) of the RPA, 1951.

Copies Sent to Top Authorities

To underline the seriousness of the matter, copies of the complaint have been forwarded to multiple high-level offices, including:

  • The Chief Electoral Officer of West Bengal
  • The Governor of West Bengal
  • The Prime Minister’s Office
  • The President of India
  • The Ministry of Home Affairs
  • The Ministry of Law and Justice

The submission includes video footage of the Chief Minister’s speech, along with full transcripts in both Bengali and English. Media reports from platforms such as The Pioneer and News Arena India have also been attached as supporting documentation.

No Official Response Yet from ECI

As of the time this report was filed, the Election Commission had not issued any official statement regarding the complaint. Meanwhile, the issue has sparked political and legal debate, with opposition leaders and constitutional experts weighing in on whether the Chief Minister’s remarks could be construed as overreach into the Election Commission’s independent domain.

The development comes at a crucial time, as the SIR of electoral rolls is underway across the state, a process seen as vital in preparing for upcoming elections. Observers note that even subtle interference — real or perceived — in electoral staff conduct could erode public trust in the integrity of the democratic process.

This latest flashpoint between the Trinamool Congress-led state government and the BJP-led Centre underscores the ongoing tension between regional and central authorities over administrative control during the run-up to elections.

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