The Calcutta High Court will pronounce its verdict on Tuesday on a PIL challenging the Election Commission’s decision to hold bypolls for West Bengal Chief Minister in Bhabhanipur constituency. Mamata Banerjee contesting the election.
The Public Interest Litigation (PIL) claimed that the Election Commission had mentioned in a statement that it had decided to hold the by-election for Bhabnipur constituency “considering the constitutional requirement and special request of the State of West Bengal”.
Last week, the court pulled up the Election Commission and turned down the affidavit filed by the Election Commission on giving ‘priority’ to the September 30 bypoll in Bhawanipur assembly constituency.
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The court refused to accept the Election Commission’s report as it was not clearly presented in the correct format as to why there would be a ‘constitutional crisis’ in the bypolls (as stated in a letter by state chief secretary HK Dwivedi to the election body) mentioned in).
Recently, in a letter to the Election Commission, Dwivedi had said that there would be a ‘constitutional crisis’ if the elections in Bhabnipur were not held immediately. Based on the letter, the Election Commission submitted a report before the court as to why they decided to hold the elections.
On 6 September, the Election Commission – considering a request made by the state’s chief secretary – issued a notification calling for a by-election to the 159-Bhabanipur assembly constituency on 30 September.
“There is no clarity in this affidavit (why ECI decided to hold bypolls). Who filed this affidavit? We cannot accept this report. File a fresh report,” said Acting Chief Justice Rajesh Bindal.
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“How can a Chief Secretary speak about a ‘constitutional crisis’ in his letter to the Commission? And on the basis of that letter, how can the Election Commission take steps to hold elections? Why did the Election Commission decide to hold elections on only one seat? Why was the same rule (pointing to the constitutional crisis indicator) not implemented by the ECI for vacant assembly seats? Why was the ‘constitutional’ obligation implemented only in the case of Bhabnipur seat?’
Indicating the resignation of TMC MLA from Bhawanipur constituency Sovandeb Chattopadhyay, the court said, “On this seat, someone has resigned to make way for someone to win the seat and you are claiming that if the by-election If that happens, there will be a constitutional crisis. will not be held immediately. Why waste public money on that? We are not afraid to examine your decision.”
The West Bengal government had submitted before the court on September 13 and claimed that the state had no role in the decision to hold the bypoll in Bhabnipur and that it was the sole authority of the Election Commission, adding that the chief secretary had only Requested that by-elections be held and the commission has accepted the request.
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