Controversy Erupts Over UP IPS Officer Ajay Pal Sharma’s Role as Election Observer in West Bengal Polls

From Our Political Correspondent

Kolkata: A viral video featuring a stern warning by Ajay Pal Sharma, a 2011-batch IPS officer from the Uttar Pradesh cadre, has triggered a major political row in West Bengal ahead of the second phase of Assembly elections. Sharma, deployed as a police observer by the Election Commission of India (ECI) in South 24 Parganas district, was captured on camera during a search operation in Falta under the Diamond Harbour constituency, allegedly issuing strong warnings to locals and the family of Trinamool Congress (TMC) candidate Jahangir Khan.

Sharma, currently serving as Deputy Inspector General of Police in Prayagraj and often referred to in media as an “encounter specialist” or “Singham” of UP Police, was not part of the ECI’s initial list of 84 police observers released on April 17. He was brought in later as one of 11 additional observers, replacing a 2017-batch officer from the Odisha cadre, and assigned to four Assembly constituencies in the district. His deployment followed complaints of voter intimidation allegedly involving Khan and his associates.

In the widely circulated clip, Sharma is seen addressing family members and locals during a raid accompanied by Central Armed Police Forces (CAPF) personnel. He reportedly warned that repeated complaints had been received about Khan’s people issuing threats to voters and urged them to convey a strong message: strict action would be taken against anyone disrupting the electoral process, with comments interpreted as “don’t cry later” or facing “appropriate treatment” if they continued such activities. In one instance, he allegedly pressed locals to reveal Khan’s whereabouts, warning of severe consequences for non-cooperation.

The operation was part of efforts to maintain law and order and curb alleged voter intimidation in the area. TMC leaders, however, accused Sharma of overstepping his mandate as an observer, engaging in “harassment” through late-night raids, and acting in a partisan manner to pressure the ruling party’s candidate and supporters. TMC candidate Jahangir Khan hit back sharply, stating, “You started the game, we will finish it,” and framing the action as political intimidation. The party announced it would pursue legal action, including dragging the officer to court for any “illegal or anti-constitutional acts.” Protests by TMC supporters erupted in Falta, with slogans raised against the central forces.

A voter has reportedly moved the Supreme Court seeking Sharma’s urgent removal, while a related plea in the Calcutta High Court was not entertained, with the court directing parties to approach the ECI and noting that the Commission had followed procedures in the appointment. Complaints have also surfaced alleging night raids and harassment, including one from a woman claiming assault.

Role and Conduct of Election Observers

Election observers, including police observers, are appointed under Article 324 of the Constitution to ensure free, fair, and peaceful polls. Their mandate includes monitoring law and order, verifying complaints of intimidation or booth capturing, coordinating with security forces, and reporting to the ECI. They are expected to remain neutral and act within the framework of the Model Code of Conduct (MCC) and election laws. While they can facilitate preventive action against threats to voters, observers are generally not expected to personally lead search operations or issue direct on-camera warnings that could be perceived as threats, as this risks blurring the line between enforcement and perceived intimidation.

The MCC explicitly prohibits intimidation of voters and emphasizes that no one should engage in corrupt practices or offences under election law, such as undue influence. Violations by officials can lead to ECI intervention, including transfer, censure, or recommendations for departmental action. In extreme cases, provisions of the Representation of the People Act, 1951 (e.g., Sections related to undue influence or corrupt practices), or IPC sections on criminal intimidation (Section 503/506) could be invoked, though observers enjoy certain functional protections when acting in official capacity.

Possible Legal and Administrative Actions

Experts note that possible steps against an observer in such a scenario could include:

ECI Administrative Action: The Commission has the power to withdraw the officer, transfer him, or issue a show-cause notice if the conduct is found to violate neutrality or MCC guidelines. In this case, the ECI has already acted on related local issues, such as transferring a BDO in Falta amid the row.

Departmental Inquiry: As a UP-cadre IPS officer, Sharma could face proceedings from his parent cadre or the Ministry of Home Affairs if the ECI recommends it, potentially for unbecoming conduct.

Judicial Intervention: Petitions in High Courts or the Supreme Court can seek directions for removal or probe. Courts have in the past emphasized the ECI’s primacy in electoral matters but can intervene if fundamental rights or fair election principles are demonstrably violated. So far, the Calcutta High Court has declined interim relief, stressing procedural compliance by the ECI.

Criminal Complaints: If specific allegations of harassment, illegal search, or threats beyond official duty are substantiated, FIRs could be considered under relevant IPC sections. However, proving mala fide intent against a serving observer acting on complaints is challenging and often requires strong evidence. Election-related offences fall under the Representation of the People Act, where “undue influence” is a key ground.

The BJP has defended the officer’s actions as necessary to ensure peaceful polling and curb muscle power, calling TMC’s protests a sign of desperation. The row highlights the high tensions in West Bengal’s polarized electoral landscape, where allegations of booth-level intimidation and strong-arm tactics have been recurrent across parties.

As polling progresses, the ECI is expected to closely monitor the situation in Falta and Diamond Harbour to uphold the integrity of the process. The full facts of the complaints against Khan and the exact nature of Sharma’s remarks remain under scrutiny, with multiple videos and counter-claims circulating on social media.

The incident underscores the delicate balance observers must maintain: acting decisively against electoral malpractices without inviting accusations of bias that could undermine public trust in the democratic exercise.