I don’t think many people outside Bengal have heard about Mira Pandey.
Everything
about her was quiet, understated, minimal – soft-spoken, never bothered about
posting and lurched from insignificant post to insignificant post without ever
being a district Magistrate and retired from the “lowly” post of Principal
Secretary, Cottage and Small-scale Industry in 2008. The Left Front government
was on the lookout for just such a person for a sinecure job of State Election
Commissioner and thought she fit the bill perfectly. Lucky for them, they never
knew how badly they had miscalculated.
Unlike
the Central Election Commission, the West Bengal State Election Commission does
not enjoy untrammelled independence. The state deliberately passed an Act where
the dates of polls etc. were to be decided by the government. In fact, unlike
the high-profile Central Election Commissioner, the West Bengal State Election
Commissioner’s job was considered a dead-end.
There
was just a minor skirmish between the Left Front government and Mira when they
wanted a single-phase rural polls and Mira opposed. The government budged and
that was that. When elections are held in a single phase, the Police force gets
scattered. Many of the booths get manned by unarmed Home Guards or even
temporarily recruited volunteers who are ill, fragile, overage and singularly
incapable of tackling any disturbance. This helps the Party with numerical
strength, usually the ruling Party.
Then
came Didi riding on a Tsunami of a mandate in 2011. There was nothing quiet
about her. She ran roughshod over everything and everyone, even micro managing
leave applications of DMs and SPs. Every single bureaucrat from the Chief
Secretary to the Constable felt the heat. Supreme leader. Maximal absolutism.
Most heads of departments and institutions panicked, and then gave in. Even
initiating a case or arresting someone required Didi’s permission.
Something
sleepy called a State Election Commission must have been just a gleam in the
eye for Didi and Trinamool Congress in the initial days. In 2013, the Panchayat
elections fell due.
The
State Election Commission requested 400 observers. It recommended polling in
three phases. It also pointed out that the existing strength of Police force
was inadequate to meet the requirement hence central forces be requisitioned.
In response, the state government provided 266 observers. It unilaterally
declared a single Poll date as they had the power as per the West Bengal
Panchayat Elections Act. They said that there was no need for central forces.
The
significance of this: In Bengal Panchayat elections, there is a tendency by the
ruling party not to allow any candidate to stand against the ruling party
candidate. CPM had developed this into a fine art. In the 2003 elections, in
many villages where anyone dared to stand against the CPM candidate, the
intellectual giants of the party visited the rival and gave him long and cogent
arguments regarding Karl Marx, Lenin, the intricacies of dialectical
materialism, etc.. If the fellow got convinced, it was good. If he did not get
convinced, the leaders politely withdrew, called a small child in the
neighbourhood and gave him a white saree to present to the rival candidate’s
wife, with their compliments. In sheer terror, many candidates withdrew and
2003 saw an unprecedented number of seats where the CPM candidates won
unopposed. Didi didn’t have time for the intellectual bit. Any rival candidate was
beaten up mercilessly on his way to the BDO office or SDO office to file his
nomination and he was not able to reach. Mira Pandey sent observers for the
nomination phase also and cancelled the election wherever there was
intimidation. Hence she needed more observers and hence the state government
was not willing. Single poll date and avoiding central forces had similar logic.
Under
normal circumstances, that would have been the end of the matter. As mandated
by the Act, the State Election Commission had made its recommendations. The
state government was not mandated to follow the recommendations and had done
their own thing. Even though everyone knew the reality, the farce called
Panchayat elections would have been gone through. Hardly any State Election
Commissioner, much less a quiet, unassuming lady like Mira Pandey would go
public with it. Most civil servants would have reread the Act, swallowed the
prickling of their conscience and bitten the bullet.
Not
Mira Pandey. She did something extraordinary. She filed a case in the Calcutta
High Court against the State government. All hell broke loose. This was unheard
of. No Election Commission had ever filed a case against the government. In
West Bengal the concerned Act favoured the government. There were dire threats to
the person of Mira Pandey from public platforms and through letters. She did
not respond to anything except forwarding all such intimidation to the DGP. The
state government was still confident that they would carry the day because as
per the Act, they had the power to do what they did. What they had not
bargained for was that Mira Pandey would challenge the constitutionality of the
Act itself. She did, with devastating effect.
In
the High Court, she pointed out that during the previous Panchayat polls, the
polling booths numbered 47,731 which had now increased to 57,012. The voters
had increased by almost a lakh. She pointed out that she had asked for 400
observers and the government had provided only 266. She had asked for 800
Companies (80,000 personnel) of Central forces and the state government had
refused. Most importantly, section 42 of the Panchayat Election Act was ultra
vires (i.e., incompatible) with section 243 K of the Constitution which
envisaged a neutral and impartial conduct of elections. The High Court ordered
that the Commission would issue the dates, the state government would supply
the balance observers and get additional forces as required by the Commission.
The
state government decided to play the (wo)man and not the ball. They tried to
discredit Mira Pandey. Many leaders openly and covertly threatened her life and
limb. She never spoke to the Press. When cornered by some media as she was
entering the car, she merely said, “The Commission cannot make irresponsible
statements.” This must have hurt. The state government also indulged in
dilatory tactics so as not to comply with the High Court order. All Mira did
was quietly file a Special Leave Petition in the Supreme Court regarding the
dilatory tactics.
I
don’t think there have been many angrier judgements by the Supreme Court. In
fact, one of the judges told the open Court, “We will show West Bengal
government how elections are conducted.” Instead of the three phases asked for,
they increased the schedule to five phases, fixed timelines for provision of
observers and central forces and virtually made the State Election Commission
the final authority for everything for that period. 2013 saw the fairest
Panchayat elections in West Bengal. There were the least number of seats won
uncontested. Mira Pandey became and still is a household name in West Bengal.
In
fact, she terrorised Didi so much that there was a rumour that Didi used to
check whether she had left her office for the day so that she could not take
retaliatory action and then gather her papers and talk to the Press regarding
anything to do with the elections.
On
her last day in office, Mira Pandey reluctantly agreed to a rare interview by the
Telegraph. Her answers were extremely banal and non-controversial. Deliberately
so. When goaded to comment on Didi, she said, “I have all due respect for the
Chief Minister’s chair.” Then she got into her car and rode off into the
sunset.
Till
date, when agitated about anything to do with elections, many Bengalis still
murmur, “Alas, had Mira Pandey been there today …”






