Election Commission Calls for Explanation from West Bengal Government

Background of the Issue

NEW DELHI: The Election Commission (EC) has expressed serious concerns regarding the West Bengal government’s recent decision to exonerate Tathagata Mondal, the assistant electoral registration officer (AERO) for the Baruipur Purba assembly constituency, and to impose only a minor penalty on Sudipta Das, another AERO for the Moyna assembly constituency. This decision was made despite clear instructions from the EC on August 5, 2025, which mandated the suspension and initiation of disciplinary proceedings against both officials.

Request for Explanation

On Wednesday, the EC requested the West Bengal chief secretary to have the competent authority provide a written explanation regarding this “procedural lapse.” The explanation is required by 5 PM on January 24 and must detail the circumstances surrounding the non-compliance with the EC’s earlier instructions.

Non-Compliance with Protocol

The EC emphasized that disciplinary authorities should consult the Commission prior to closing or finalizing any matter related to disciplinary actions based on the EC’s recommendations. The Commission stated, "Since the disciplinary proceedings have been finalized without adherence to the prescribed procedure and without mandatory consultation with the Commission, it does not accept such finalization of disciplinary action."

Implications of Procedural Irregularity

According to the EC’s letter to the state chief secretary, this lack of adherence renders the finalization procedurally irregular and "non est" in the eyes of the Commission, warranting reconsideration.

Details Required for Review

In its request, the EC has specified that the competent authority must provide comprehensive records of the disciplinary cases involving Tathagata Mondal, Debottam Dutta Choudhury, Biplab Sarkar, and Sudipta Das. These records should include articles of charge, written statements of defense, inquiry reports, findings of the inquiry authority, orders from the disciplinary authority, and all relevant documentation related to the disciplinary actions taken.

Potential Legal Actions

The Commission had previously instructed the state government to suspend the concerned EROs/AEROs and file FIRs against the officials involved, including a contractual data entry operator. This action falls under Section 32 of the RP Act, 1950, along with relevant provisions of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000. Sources indicate that these officials were allegedly processing applications for electoral roll inclusion without proper verification or providing an opportunity for claims and objections.

Conclusion

The EC’s demand for clarification from the West Bengal government underscores the importance of adhering to established procedures in electoral matters. This situation highlights the Commission’s commitment to ensuring transparency and accountability in the electoral process.